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STATE v. DRAKE

No. 9528.

514 S.W.2d 653 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Henry DRAKE, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

September 30, 1974.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Spec. Asst. Atty. Gen., St. Louis, David Robards, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Robert W. Richart, Joplin, Douglas, Douglas & Douglas, Neosho, for defendant-appellant.

TITUS, Judge.

A Newton County jury convicted Henry Drake of felonious stealing (§§ 560.156 and 560.161 RSMo 1969 V.A.M.S.) but failed to agree upon the punishment to be inflicted. Pursuant to Rule 27.03, V.A.M.R., the court assessed the punishment and sentenced Drake to four years' imprisonment. Defendant has appealed.

I.

Defendant's first point relied on is his claim that the trial court "erred in allowing the assertion of the Prosecuting...

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