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STATE v. LARKIN

No. 35446.

512 S.W.2d 911 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Albert E. LARKIN, Defendant-Appellant.

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

August 6, 1974.

Attorney(s) appearing for the Case

Charles D. Kitchin, Public Defender, Edwin H. Steinmann, Jr., James C. Jones, Asst. Public Defenders, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, J. Brendan Ryan, Circuit Atty., Richard A. Heidenry, Asst. Circuit Atty., Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for plaintiff-respondent.

DOWD, Chief Judge.

Appellant was charged with exhibiting a deadly weapon in a rude, angry and threatening manner in the presence of one Althea Turner. (§ 564.610, RSMo 1969, V.A.M.S.) A jury trial was waived, and there was sufficient evidence presented to the court from which it could have found that in the early hours of October 31, 1972, in the City of St. Louis, appellant did threaten and intimidate Miss Turner with a loaded shotgun. One prior felony conviction...

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