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STATE v. RICE

No. 35613.

522 S.W.2d 656 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Charles RICE, Defendant-Appellant.

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

April 22, 1975.

Attorney(s) appearing for the Case

Vogel & Frye, Wm. H. Frye, Cape Girardeau, for defendant-appellant.

John C. Danforth, Atty. Gen., K. Preston Dean, II, Donald R. Bird, William F. Arnet, Asst. Attys. Gen., Jefferson City, James E. Moore, III, Pros. Atty., Stephen Taylor, Asst. Pros. Atty., Sikeston, for plaintiff-respondent.

SMITH, Chief Judge.

Defendant appeals from his conviction and sentence of five years, after jury verdict, for exhibiting a dangerous and deadly weapon in a threatening manner. Sec. 564.610 RSMo 1969, V.A.M.S.

A Sikeston, Missouri, policeman identified defendant as the man who, after several minutes of conversation, pulled a handgun from his pocket and fired at the policeman. Although the occurrence was at night...

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