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STATE v. DAUGHERTY

No. 56365.

484 S.W.2d 236 (1972)

STATE of Missouri, Respondent, v. Wardell DAUGHERTY, Appellant.

Supreme Court of Missouri, Division No. 2.

September 11, 1972.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Peter H. Ruger, Asst. Atty. Gen., Jefferson City, for respondent.

Anthony F. Vaiana, St. Louis, for appellant.

HOUSER, Commissioner.

Wardell Daugherty, convicted of burglary second degree by a jury which could not agree upon the punishment, was sentenced by the court to 5 years' imprisonment.

On this appeal1 questions are raised relating to the manner in which the jury was impanelled and the propriety of an instruction.

I. The voir dire question.

During voir dire examination of the jury panel it developed that one member...

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