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STATE v. RHODES

No. 34-665.

490 S.W.2d 288 (1973)

STATE of Missouri, Respondent, v. Earl RHODES, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

January 16, 1973.

Attorney(s) appearing for the Case

Brendan Ryan, Circuit Atty., James J. Barta, First Asst. Atty., Nelson C. Moss, Jr., Asst. Circuit Atty., St. Louis, John C. Danforth, Atty. Gen., Jefferson City, for respondent.

Arthur Kreisman, James C. Jones, St. Louis, for appellant.

CLEMENS, Judge.

Defendant-Appellant Earl Rhodes and non-appealing defendants Lee Morgan and Eddie Williams were convicted of arson of Mrs. Alberta Johnson's motor vehicle, a 1967 Chevrolet. The jury found the defendants guilty but being unable to agree upon punishment the court sentenced Rhodes to three years confinement. Rhodes appeals, his only point being that the State's circumstantial evidence was insufficient.

Early in August 1971 Mrs. Johnson had an...

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