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STATE v. BISHOP

No. KCD 27433.

529 S.W.2d 165 (1975)

STATE of Missouri, Respondent, v. Clifford L. BISHOP, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied November 3, 1975.

Attorney(s) appearing for the Case

Thomas M. Larson, Public Defender, Robert A. Simons, Asst. Public Defender, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

Before SWOFFORD, P. J., and WEBORN and HIGGINS, Special Judges.

SWOFFORD, Presiding Judge.

The defendant was convicted by a jury of stealing over $50.00. The jury was unable to agree upon a punishment, and the defendant was sentenced by the court to three years in the Missouri Department of Corrections.

The record reveals that while working as a night watchman at the downtown Kansas City, Missouri Macy's store on the morning of July 4, 1972, Kenneth Kiniry saw the defendant loading several men's suits into the trunk of...

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