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STATE v. COLE

No. 34742.

502 S.W.2d 443 (1973)

STATE of Missouri, Respondent, v. Willie COLE, Appellant.

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

November 20, 1973.

Attorney(s) appearing for the Case

James C. Jones, James E. Wynne, Asst. Public Defenders, St. Louis, for appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, J. Brendan Ryan, Circuit Atty., St. Louis, for respondent.

KELLY, Judge.

This appeal from a conviction of Robbery in the First Degree by means of a dangerous and deadly weapon, §§ 560.120 and 560.135 RSMo 1969 V.A.M.S.1 presents one issue for review: did the trial court err in refusing to instruct the jury that if it found the appellant not guilty of the offense charged it could then consider whether the appellant was guilty of the offense of accessory after the fact to Robbery in the...

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