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STATE v. SUMMERS

No. 34236.

477 S.W.2d 721 (1972)

STATE of Missouri, Plaintiff-Respondent, v. Ralph SUMMERS, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District.

February 23, 1972.

Attorney(s) appearing for the Case

Michael J. Ebeling, St. Louis, for defendant-appellant.

Thomas W. Shannon, Pros. Atty., James I. Bucher, Asst. Pros. Atty., St. Louis, for plaintiff-respondent.

DOWD, Judge.

Defendant appeals his conviction following a jury waived trial. The defendant was found guilty of the failure to support "his child" who was under the age of 16 years.1

After defendant rested his case, the court stated: "I'm going to find him guilty and sentence him to six months in the City Workhouse and I'll grant him probation." Defendant immediately filed a "Motion for a New Trial or for Outright Reversal and Acquittal...

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