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STATE v. BAITY

No. 34626.

494 S.W.2d 425 (1973)

STATE of Missouri, Plaintiff-Respondent, v. Leroy BAITY, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District.

April 17, 1973.

Attorney(s) appearing for the Case

Daniel V. O'Brien, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Jefferson City, Gene McNary, Pros. Atty., Paul A. Britt, Asst. Pros. Atty., Clayton, Charles R. Merz, Asst. Pros. Atty., Charles B. Blackmar, Spec. Asst. Atty. Gen., St. Louis, for plaintiff-respondent.

WEIER, Acting Presiding Judge.

Defendant was found guilty of the offense of drawing and delivering an "insufficient funds" check in the amount of $645.00 in violation of Section 561.460, RSMo 1969, V.A.M.S. Because this check exceeded the sum of $100.00, the amendment to this section, Laws of Mo. 1963, p. 684, Section 1, made the offense a felony punishable by imprisonment up to a term of five years. Defendant's punishment was fixed by the jury at imprisonment for...

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