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STATE v. POTTINGER

No. 44611.

287 S.W.2d 782 (1956)

STATE of Missouri, Appellant, v. Hardy POTTINGER, Respondent.

Supreme Court of Missouri, Division No. 2.

March 12, 1956.

Attorney(s) appearing for the Case

John M. Dalton, Atty. Gen., Donal D. Guffey, Asst. Atty. Gen., for appellant.

Joslyn & Joslyn, L. D. Joslyn, T. B. Russell, Charleston, for respondent.

LEEDY, Judge.

Hardy Pottinger (herein called defendant) was prosecuted in the Circuit Court of Mississippi County for the felony of obtaining money under false pretenses. The jury returned a verdict of guilty, and fixed his punishment at imprisonment in the penitentiary for a term of two years. On the same day the court, acting on its own motion, ordered that this verdict be set aside (on the ground that the court should...

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