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STATE v. FEEMSTER

No. 37122.

537 S.W.2d 215 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Milton FEEMSTER, Defendant-Appellant.

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

May 11, 1976.

Attorney(s) appearing for the Case

Huck, Kasten & LaBeaume, Graham W. LaBeaume, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Douglas G. Mooney, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Gary W. Brandt, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

GUNN, Judge.

Defendant was found guilty by a jury of the § 557.3901 charge of escaping from custody before conviction. On appeal the defendant contends that the State failed to prove that the defendant had not yet been convicted of the charge for which he was held. We disagree and affirm.

The evidence conclusively shows that on May 15, 1974, defendant was charged with first degree...

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