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STATE v. ELLIOTT

No. 33773.

459 S.W.2d 526 (1970)

STATE of Missouri, Plaintiff-Respondent, v. Virgil I. ELLIOTT, Jr., a/k/a Virgil Irl Elliott, Jr., Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

October 27, 1970.

Attorney(s) appearing for the Case

Virgil Irl Elliott, pro se.

Gene McNary, Pros. Atty., Michael Turken, David O. Danis, Asst. Pros. Attys., Clayton, for respondent.

WEIER, Commissioner.

Defendant was convicted of operating a motorcycle upon a highway of this state without wearing a protective headgear, contrary to the prohibition of Section 302.020, subd. 3, V.A.M.S. An agreed statement of facts squarely placed defendant in violation of this section on March 17, 1969. The sole defense offered was unconstitutionality of the headgear law because, as stated by the defendant in open court...

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