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STATE v. GOTT

No. 54722.

456 S.W.2d 38 (1970)

STATE of Missouri, Respondent, v. John Michael GOTT and Donald Wade Cunningham and Gary McDonald Davila, Appellants.

Supreme Court of Missouri, Division No. 2.

July 13, 1970.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Gene E. Voigts, First Asst. Atty. Gen., Jefferson City, for respondent.

Wear, Wear & Coffman, William A. Wear, (for Gary McDonald Davila), Paul R. Coffman, Springfield, (for Donald Wade Cunningham and John Michael Gott, defendants).

STOCKARD, Commissioner.

Defendants were jointly charged with the unlawful possession of marijuana in violation of § 195.020 RSMo 1959, V.A.M.S., and after expressly waiving trial by a jury they were tried before and found guilty by the court. Each was sentenced to confinement in the county jail for one year, and then placed on parole.

Upon this appeal there is no contention that defendants were not guilty of the crime charged. The only contention is that...

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