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STATE v. SMITH

No. 37531.

540 S.W.2d 189 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Paul Michael SMITH, Defendant-Appellant.

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

August 10, 1976.

Attorney(s) appearing for the Case

Robert C. Babione, Walter Sheata, Asst. Public Defenders, St. Louis, for defendant-appellant.

Brendan Ryan, Circuit Atty., St. Louis, John C. Danforth, Atty. Gen., Preston Dean, W. Mitchell Elliott, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

SIMEONE, Presiding Judge.

Defendant-appellant, Paul Michael Smith, was found guilty of the offense of sodomy and sentenced under the second offender act to six years in the department of corrections. §§ 563.230, 556.280, RSMo 1969; State v. Crawford, 478 S.W.2d 314 (Mo.1972). The cause was tried to the court, the defendant having waived a jury.

There is no need to detail the sordid facts in the record, since...

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