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STATE v. NIERSTHEIMER

No. 9418.

500 S.W.2d 732 (1973)

STATE of Missouri, Respondent, v. Terry L. NIERSTHEIMER, Appellant.

Missouri Court of Appeals, Springfield District.

October 9, 1973.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for respondent.

James R. Spradling, Carthage, for appellant.

KEET, Special Judge.

Appellant (defendant) was convicted by a jury on April 25, 1972, of unlawfully delivering marijuana on February 15, 1972, and sentenced by the court (the jury being unable to agree on the punishment) to five years' imprisonment. This court has jurisdiction. Mo.Const. art. V, § 3, as amended, V.A.M.S. Parks v. State, 492 S.W.2d 746 (Mo. banc 1973); Garrett v. State, 481 S.W.2d 225

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