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STATE v. LEWIS

No. KCD 27018.

526 S.W.2d 49 (1975)

STATE of Missouri, Respondent, v. James Eugene LEWIS, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied August 5, 1975.

Attorney(s) appearing for the Case

Kenneth K. Simon, Simon & Simon, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Philip M. Koppe, Asst. Attys. Gen., Jefferson City, for respondent.

Before SWOFFORD, P. J., and WELBORN and HIGGINS, Special JJ.

ANDREW J. HIGGINS, Special Judge.

James Eugene Lewis, charged by information alleging that he did "wilfully, feloniously and knowingly have in his possession a quantity of Cocaine Hydrochloride, a drug designated by the Division of Health to be a Schedule II controlled substance," was convicted by a jury which returned a verdict, "We, the jury, find the defendant guilty of possession of a controlled substance but are unable to agree upon his punishment." The court...

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