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STATE v. CURRIE

No. 34849.

490 S.W.2d 295 (1973)

STATE of Missouri, Plaintiff-Respondent, v. Horace CURRIE, Defendant-Appellant.

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

January 16, 1973.

Attorney(s) appearing for the Case

James C. Jones III, Darrell D. Wiles, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, David Robards, Asst. Attys. Gen., Jefferson City, J. Brendan Ryan, Circuit Atty., Julian Cosentino, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

WEIER, Judge.

In this jury tried case, defendant was convicted of robbery by means of a dangerous and deadly weapon. According to the State's evidence he acted in concert with another in the commission of the offense. Defendant introduced evidence that he was present but did not act with the other person to commit the robbery. On appeal, defendant contends the trial court erred in refusing his proffered converse instruction...

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