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STATE v. HOUSTON

No. 37585.

542 S.W.2d 85 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Jaronda HOUSTON, Defendant-Appellant.

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

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, Marilyn Wallach, Asst. Public Defender, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Charles Sindel, St. Louis, for plaintiff-respondent.

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

GUNN, Judge.

Defendant was convicted of the illegal sale of marihuana, a felony, in violation of § 195.020 RSMo. Supp.1975.1 The jury affixed punishment at five years imprisonment. On appeal, defendant charges that the trial court erroneously failed to instruct the jury on the lesser or included offense of first offense possession of 35 grams...

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