STATE v. BURNS

No. KCD 28092.

537 S.W.2d 860 (1976)

STATE of Missouri, Respondent, v. Russell Lee BURNS, Appellant.

Missouri Court of Appeals, Kansas City District.

June 1, 1976.


Attorney(s) appearing for the Case

R. M. Gifford, Gifford & Gifford, Green 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.


SWOFFORD, Judge.

Appellant Burns was convicted on trial by jury of sale of a controlled substance, lysergic acid diethylomide (LSD), in violation of Section 195.017 RSMo 1969. The jury was unable to agree upon a sentence and the defendant was sentenced by the court to a term of twenty (20) years imprisonment.

The defendant raises two points on this appeal. First, he states that the trial court abused its discretion in denying his counsel's request to...

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