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STATE v. STERLING

No. KCD 27781.

536 S.W.2d 843 (1976)

STATE of Missouri, Respondent, v. Johnnie STERLING, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied May 3, 1976.

Application to Transfer Denied June 14, 1976.

Attorney(s) appearing for the Case

Thomas M. Larson, Public Defender, Richard G. Roth, M. Shelbourne Bryant, Asst. Public Defenders, Kansas City, for appellant.

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

Before SHANGLER, P. J., and SWOFFORD and SOMERVILLE, JJ.

SOMERVILLE, Judge.

Defendant was charged in a three-count indictment with rape, robbery in the first degree, and assault with intent to kill with a deadly weapon with malice aforethought. Having waived a jury, the offenses for which defendant stood charged were tried to the court. At the close of all the evidence the state elected to dismiss counts one (rape) and two (robbery in the first degree) of the indictment and the case was submitted to the court solely under...

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