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STATE v. ST. JOHN

No. 59653.

544 S.W.2d 5 (1976)

STATE of Missouri, Respondent, v. James Franklin ST. JOHN, Appellant.

Supreme Court of Missouri, en banc.

December 13, 1976.

Attorney(s) appearing for the Case

Jon M. Krebbs, Asst. Public Defender, 7th Judicial Circuit, Liberty, for appellant.

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

MORGAN, Judge.

Respondent's application to transfer this cause from the Kansas City District of the Court of Appeals having been sustained, we consider the same "as on original appeal." Mo.Const. Art. 5, Sec. 10.

Appellant was convicted of obtaining a controlled substance in violation of § 195.250, RSMo 1969, which provides that: "It is unlawful for any person to obtain or attempt to obtain any controlled substance listed in Schedules III, IV or V or...

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