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STATE v. MARTIN

No. 56769.

484 S.W.2d 179 (1972)

STATE of Missouri, Respondent, v. Virgil MARTIN, Appellant.

Supreme Court of Missouri, Division No. 2.

September 11, 1972.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.

John J. Cosgrove, Legal Aid and Defender Society of Greater Kansas City, Kansas City, for appellant; Paul T. Miller, Executive Director, Willard B. Bunch, Chief Defender, Kansas City, of counsel.

MORGAN, Presiding Judge.

A jury found appellant guilty of the crime of assault with intent to rob with malice aforethought, Section 559.180, RSMo 1969, V.A.M.S., and the court assessed punishment at three years' confinement.

Factually, it appears that on September 3, 1970, Mr. and Mrs. James Hardin were inside their cleaning establishment which they had operated in Kansas City for more than thirty years. Appellant, whom Mr. Hardin had known "for years," and...

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