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STATE v. GRIMES

No. 34028.

470 S.W.2d 4 (1971)

STATE of Missouri, Plaintiff-Respondent, v. Leroy James GRIMES, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

July 27, 1971.

Attorney(s) appearing for the Case

Charles Shaw, Joseph Howlett, Clayton, for defendant-appellant.

Thomas W. Shannon, Pros. Atty., Robert Hoffman, Asst. Pros. Atty., St. Louis, for plaintiff-respondent.

DOWD, Judge.

In a trial before the court without a jury the court found the defendant guilty of "unlawfully and without the consent of the owner, climb in and upon a motor vehicle, * * *", (§ 560.175 [2], RSMo 1969, V.A.M.S.)—a misdemeanor.1 After the defendant rested his case, the court stated: "It is a finding of guilty" and then the court assessed the defendant's punishment by stating "* * * it will be sixty days City Workhouse...

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