STATE v. KINER

No. 53735.

441 S.W.2d 720 (1969)

STATE of Missouri, Respondent, v. Donald R. KINER, Appellant.

Supreme Court of Missouri, Division No. 1.

June 9, 1969.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, and John R. Hutcherson, Special Asst. Atty. Gen., Kansas City, for respondent.

Lewis F. Randolph, Jr., St. Joseph, for appellant.


HIGGINS, Commissioner.

Appellant was convicted by a jury of fraud by a judge of an election, a felony, Section 129.490, V.A.M.S., and his punishment was assessed at a fine and imprisonment in the county jail. Sentence and judgment were rendered accordingly.

Appellant tacitly concedes that the state made a submissible case in support of the indictment by which he was charged, i. e.: "that * * * on or about the 2nd day of August, 1966, in the County of Buchanan...

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