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STATE v. ALBERTS

No. 36116.

519 S.W.2d 562 (1975)

STATE of Missouri, Plaintiff-Respondent, v. James Edward ALBERTS, Defendant-Appellant.

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

February 11, 1975.

Attorney(s) appearing for the Case

Charles D. Kitchin, Public Defender, Thomas J. Prebil, James C. Jones, Asst. Public Defenders, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Clarence Thomas, Asst. Attys, Gen., Jefferson City, Brendan Ryan, Thomas J. Kavanaugh, Jr., St. Louis, for plaintiff-respondent.

GUNN, Judge.

When arrested by two St. Louis police officers, defendant had the wristwatch of the subject of his prey in one hand, and his other hand was in the victim's pants pocket. The victim had been asleep on a park bench when the defendant conducted his "unlawful search and seizure." Defendant was convicted of stealing from a person under §§ 560.156 and 560.1611 and sentenced by the trial court under the Second Offender...

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