State of Missouri, Respondent, v. Michael Ebrecht, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: State of Missouri, Respondent, v. Michael Ebrecht, Appellant. Case Number: 53582 Handdown Date: 02/10/1998 Appeal From: Circuit Court of DeKalb County, Hon. Stephen K. Griffin Counsel for Appellant: Kent Denzel Counsel for Respondent: Meghan J. Stephens Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Howard, P.J., Breckenridge and Hanna, J.J., concur. Opinion: O R D E R 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 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). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.