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STATE v. FREEMAN

No. 9280.

489 S.W.2d 749 (1973)

STATE of Missouri, Plaintiff-Respondent, v. Robert Luther FREEMAN, Jr., Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

January 4, 1973.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Mark Mittleman, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Terry C. Allen, Hyde, Purcell, Wilhoit & Edmundson, Poplar Bluff, for defendant-appellant.

TITUS, Chief Judge.

Defendant was found guilty by a jury of stealing Gary Hopper's motorcycle and sentenced to six years in the Missouri Department of Corrections. §§ 560.156 and 560.161 RSMo 1969, V.A.M.S. He appealed.

At 3 a.m. on the date of the involved incident, a highway patrolman encountered defendant and Richard Moore (respectively 23 and 15 years of age) riding an unlighted motorcycle on the streets of Poplar Bluff. Defendant, according...

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