STATE v. CUSUMANO

No. 49876.

372 S.W.2d 860 (1963)

STATE of Missouri, Respondent, v. Vito CUSUMANO, Appellant.

Supreme Court of Missouri, Division No. 1.

Opinion Modified Motion and Motion for Rehearing or for Transfer Denied December 9, 1963.


Attorney(s) appearing for the Case

O'Hanlon & Daly, Robert J. O'Hanlon, Richard L. Daly, St. Louis, for appellant.

Thomas F. Eagleton, Atty. Gen., Jefferson City, William L. Hungate, Sp. Asst. Atty. Gen., Troy, for respondent.


Opinion Modified on Court's own Motion and Motion for Rehearing or for Transfer to Court En Banc Denied December 9, 1963.

HYDE, Judge.

Defendant was convicted of perjury and sentenced to two years' imprisonment. Secs. 557.010, 557.020 (statutory references are to RSMo and V.A.M.S.) Defendant has appealed and contends the court erred in refusing to sustain his motion for a directed verdict at the close of the entire case.

The indictment charged defendant...

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