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STATE v. RIPPEE

No. 9549.

512 S.W.2d 235 (1974)

STATE of Missouri, Respondent, v. J. R. RIPPEE, Appellant.

Missouri Court of Appeals, Springfield District.

May 13, 1974.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Charles B. Blackmar, Special Asst. Atty. Gen., Jefferson City, for respondent.

Ronald L. Little, Keathley & Little, Poplar Bluff, for appellant.

BILLINGS, Judge.

In this appeal from his conviction by a Ripley County jury for second degree burglary [§ 560.070, RSMo 1969, V.A.M.S.] appellant J. R. Rippee seeks reversal, contending that the state improperly was permitted to use a prior statement of one of its witnesses as substantive evidence of appellant's guilt. We agree and reverse and remand.

Appellant and Jimmy Hicks were seen together in appellant...

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