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STATE v. GUINAN

No. 35057.

506 S.W.2d 490 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Frank Joseph GUINAN, Defendant-Appellant.

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

Rehearing Denied March 8, 1974.

Attorney(s) appearing for the Case

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

John C. Danforth, Atty.Gen., G. Michael O'Neal, Chief Counsel, Crim.Div., Jefferson City, Brendan Ryan, Circuit Atty., Nels C. Moss, Jr., Asst. Circuit Atty., Charles B. Blackmar, Sp.Asst.Atty.Gen., St. Louis, for plaintiff-respondent.

DOWD, Chief Judge.

Defendant was convicted by a jury of robbery in the first degree by means of a dangerous and deadly weapon (Sections 560.120 and 560.135, RSMo 1969, V.A. M.S.). The state proved prior convictions, and defendant was sentenced by the court to forty years imprisonment in accordance with the Second Offender Act (Section 556.280, RSMo 1969, V.A.M.S.). Defendant appeals.

The defendant does not question the sufficiency of the evidence to support...

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