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STATE v. NEWHART

No. KCD 26348.

503 S.W.2d 62 (1973)

STATE of Missouri, Respondent, v. John W. NEWHART, Appellant.

Missouri Court of Appeals, Kansas City District.

December 3, 1973.

Attorney(s) appearing for the Case

J. Arnot Hill, Hill & McMullin, Kansas City, for appellant.

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

Before DIXON, C. J., and PRITCHARD and SOMERVILLE, JJ.

SOMERVILLE, Judge.

A jury of defendant's peers returned a verdict finding him guilty of stealing more than Fifty Dollars (Section 560.156 RSMo 1969, V.A.M.S.), but were unable to agree on his punishment. Allocution was granted, judgment was entered, defendant was sentenced by the court to three years in the Missouri Department of Corrections (Section 560.161 RSMo 1969, V.A.M.S.) and probation was denied. Defendant appeals from the judgment and sentence entered.

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