MORGAN, Presiding Judge.
A jury found defendant guilty of a felony—stealing from a person—but could not agree on punishment. The trial court assessed a penalty of four years imprisonment. Sections 560.156(2) and 560.161(2), RSMo 1969 V.A.M.S. Defendant has appealed.
Since the appeal was filed prior to January 1, 1972, jurisdiction remains in this court by virtue of Article 5, Section 31(4), of the 1945 Constitution of Missouri, V.A. M.S.
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