No. WD 53582Missouri Court of Appeals, Western District.
Order filed: February 10, 1998
APPEAL FROM DEKALB COUNTY CIRCUIT COURT, THE HONORABLESTEPHEN K. GRIFFIN, JUDGE.
Kent Denzel Columbia, Missouri, for appellant[s].
Jeremiah W. (Jay) Nixon, Attorney General Jefferson City, Missouri, Meghan J. Stephens, Assistant Attorney General, for respondent[s].
Before Howard, P.J., Breckenridge and Hanna, JJ.
PER CURIAM
[1] ORDER
[2] Michael Ebrecht appeals from his conviction of second degree assault. He claims that the trial court abused its discretion by denying his request for a mistrial after a member of the venire stated that he knew Mr. Ebrecht through police work. He also
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argues that the trial court erred in refusing to give a particular jury instruction on third degree assault. Finding no abuse of discretion by the trial judge in refusing to grant a mistrial, and that Mr. Ebrecht failed to preserve for review the trial court’s refusal of the proffered instruction, this court affirms. Rule 30.25(b).