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STATE v. WILLIAMS

No. 36865.

542 S.W.2d 3 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Horace Edward WILLIAMS, Defendant-Appellant.

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

Motion for Rehearing and for Transfer Denied September 30, 1976.

Application to Transfer Denied November 8, 1976.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Richard G. Callahan, Asst. Circuit Atty., St. Louis, for defendant-appellant.

Joseph W. Warzycki, Asst. Public Defender, St. Louis, for plaintiff-respondent.

SMITH, Chief Judge.

Defendant appeals from his conviction of possession of marijuana, a Schedule I Controlled Substance, Secs. 195.020 and 195.017.2 RSMo 1969, on which he was sentenced to three years imprisonment.

The original indictment charged defendant with two counts, possession of heroin and possession of marijuana, both Schedule I controlled substances. Defendant moved for and obtained a severance of the two counts. He was tried and convicted first...

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