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STATE v. REMSPECHER

No. 37503.

542 S.W.2d 24 (1976)

STATE of Missouri, Plaintiff-Respondent, v. William REMSPECHER, Defendant-Appellant.

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

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

Application to Transfer Denied November 8, 1976.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, James C. Jones, Charles S. Stone, Asst. Public Defenders, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., James F. Booth, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

Motion for Rehearing and for Transfer to Supreme Court Denied September 30, 1976.

WEIER, Presiding Judge.

Defendant was found guilty by a jury of the offense of operating a motor vehicle without the owner's consent, § 560.175(1), RSMo 1969. Having been found to have committed a prior felony by the court, he was sentenced under the Second Offender Act to five years in the custody of the Department of Corrections. Three points are relied upon by defendant...

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