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STATE v. SPENCER

No. 56813.

486 S.W.2d 433 (1972)

STATE of Missouri, Respondent, v. Charles Louis SPENCER, Appellant.

Supreme Court of Missouri, Division No. 1.

November 13, 1972.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Richard S. Paden, Asst. Atty. Gen., Jefferson City, for respondent.

James L. McMullin, Hill & McMullin, Kansas City, for appellant; John J. Cosgrove, Kansas City, of counsel.

WELBORN, Commissioner.

Appeal, filed prior to January 1, 1972, from judgment of conviction and seven-year sentence, imposed by court when jury which found Charles Louis Spencer guilty of robbery in the first degree were unable to agree upon punishment.

At around 11:00 P.M., September 26, 1970, Jerry Brooks and Betty Ann Nienest were walking on Campbell Street in Kansas City. They met three Negroes. One produced a gun and told Brooks and Miss Nienest to be...

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