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STATE v. ROSS

No. 9777.

523 S.W.2d 841 (1975)

STATE of Missouri, Respondent, v. Calvin ROSS, Appellant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or Transfer Denied May 7, 1975.

Application to Transfer Denied July 14, 1975.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Clarence Thomas, Asst. Atty. Gen., Jefferson City, for respondent.

James E. Spain, Briney, Welborn & Spain, Bloomfield, for appellant.

Before BILLINGS, C. J., and HOGAN and FLANIGAN, JJ.

Motion for Rehearing or Transfer to Supreme Court Denied May 7, 1975.

BILLINGS, Chief Judge.

Calvin Ross was convicted by a Mississippi County jury of assault with intent to kill with malice aforethought (§ 559.180, RSMo 1969, V.A.M.S.) and armed robbery (§ 560.135, RSMo 1969, V.A.M.S.). The jury could not agree on the assessment of punishment, and the trial judge sentenced the defendant to a prison term of 25 years on the felonious assault conviction...

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