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STATE v. McCANN

No. 37163.

543 S.W.2d 504 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Clarence McCANN, Defendant-Appellant.

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

Motion for Rehearing and for Transfer Denied November 12, 1976.

Application to Transfer Denied January 10, 1977.

Attorney(s) appearing for the Case

Charles D. Kitchin, Public Defender, James C. Jones, Frank R. Fabbri, III, Asst. Public Defenders, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Nels C. Moss, Jr., Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

Motion for Rehearing and for Transfer to Supreme Court Denied November 12, 1976.

RENDLEN, Judge.

Clarence McCann was convicted of possessing heroin, a Schedule I, Missouri Controlled Substance, § 195.200(1) RSMo 1969, V.A.M.S., and sentenced by the court under § 556.280 RSMo 1969, V.A.M.S., to ten years imprisonment. He appeals alleging as error: (1) the court's denial of his motion to suppress narcotics seized from his person in a search not incident...

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