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STATE v. PATTON

No. 46069.

308 S.W.2d 641 (1958)

STATE of Missouri, Respondent, v. Charles PATTON, Appellant.

Supreme Court of Missouri, En Banc.

January 13, 1958.

Attorney(s) appearing for the Case

Ronald J. Fuller, Rolla, for appellant.

Jay White, Prosecuting Atty., Rolla, for respondent.

STORCKMAN, Judge.

The defendant, convicted of a misdemeanor, appealed to the Springfield Court of Appeals where the judgment was ordered reversed and the defendant discharged. The opinion, reported in Mo.App., 297 S.W.2d 19, holds the state's evidence was insufficient to support the judgment of conviction. The appeal was transferred on this court's order.

The prosecution is based upon § 311.310, RSMo 1949, V.A.M.S....

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