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STATE v. DENNIS

No. 42662.

242 S.W.2d 534 (1951)

STATE v. DENNIS.

Supreme Court of Missouri, Division No. 1.

October 8, 1951.

Attorney(s) appearing for the Case

Wherritt & Sevier, Alan F. Wherritt and Robert F. Sevier, all of Liberty (William J. Turpin, Liberty, of counsel), for appellant.

J. E. Taylor, Atty. Gen., Richard F. Thompson, Asst. Atty. Gen., for respondent.

LOZIER, Commissioner.

Defendant below appeals his conviction and five year sentence for first degree robbery. Secs. 560.120 and 560.135, RS 1949. His only assignment here is refusal of his Instruction C, the converse of the state's main instruction. However, we cannot review the refusal of the instruction as appellant made no such assignment in his new trial motion. State v. Davis, Mo.Sup., 196 S.W.2d 629.

Appellant did assign below failure to instruct upon...

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