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STATE v. RUST

No. 55660.

468 S.W.2d 205 (1971)

STATE of Missouri, Respondent, v. Leonard Stanley RUST, Appellant.

Supreme Court of Missouri, Division No. 2.

June 28, 1971.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Special Asst. Atty. Gen., St. Louis, for respondent.

Jerome F. Waterman, Houlehan & Waterman, Kansas City, for appellant.

FINCH, Judge.

Defendant, tried under the Second Offender Act (§ 556.280, V.A.M.S.), was found guilty by a jury of robbery in the first degree. He was sentenced to imprisonment for seven years and he now appeals.

The trial court instructed the jury on robbery in the first degree but refused defendant's requested instructions on robbery in the second degree and on stealing from the person. We conclude that the stealing instruction should have been given...

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