STATE v. CAIN

No. 35326.

507 S.W.2d 437 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Sherman Reginald CAIN, Defendant-Appellant.

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

March 12, 1974.


Attorney(s) appearing for the Case

Lee & Randall, Robert J. O'Hanlon, St. Louis, for defendant-appellant.

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


SIMEONE, Judge.

Defendant-appellant, Sherman R. Cain, was indicted for unlawfully selling a Schedule I controlled substance, heroin, tried, found guilty by the jury and sentenced by the court to ten years in the department of corrections. He appeals. We affirm.

In this appeal he raises two issues: (1) whether the evidence was sufficient to sustain the conviction and (2) whether the court erred in submitting to the jury an instruction that if the jury agreed...

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