STATE v. OSBORN

No. KCD 27462.

526 S.W.2d 37 (1975)

STATE of Missouri, Respondent, v. Steven D. OSBORN, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied July 7, 1975.

Application to Transfer Denied September 8, 1975.


Attorney(s) appearing for the Case

William E. Erdrich, Asst. Public Defender, 5th Judicial Circuit, St. Joseph, for appellant.

John C. Danforth, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent.

Before WASSERSTROM, P. J., and SHANGLER and DIXON, J J.


SHANGLER, Judge.

The appellant was charged with uttering a forged check and, convicted as a second offender, was sentenced by the court to imprisonment for a term of six years.

We sustain the contention of the appellant that the information did not charge a lawful offense, and reverse and remand the conviction.

The information pretends to charge under the provisions of § 561.011, subd. 1, RSMo 1969, V.A.M.S., paragraphs (1) and (3):

It...

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