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STATE v. KELLY

No. 59298.

539 S.W.2d 106 (1976)

STATE of Missouri, Respondent, v. Donald Lee KELLY, Appellant.

Supreme Court of Missouri, En Banc.

July 12, 1976.

Attorney(s) appearing for the Case

Ronald M. Sokol, Public Defender, Joe H. Scott, Asst. Public Defender, St. Joseph, for appellant.

John C. Danforth, Atty. Gen., by Paul R. Otto, Asst. Atty. Gen., for respondent.

HOLMAN, Judge.

Appellant, Donald Lee Kelly (hereinafter referred to as defendant), was charged with the offense of robbery in the first degree. See Sections 560.120 and 560.135, RSMo 1969 V.A.M.S. Upon trial he was found guilty. The jury being unable to agree on punishment such was fixed by the trial judge at imprisonment for a term of 40 years. Defendant appealed to the Kansas City District of the Court of Appeals. That court adopted an opinion which reversed

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