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STATE v. MURTA

No. 10466.

551 S.W.2d 943 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Tim MURTA, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

May 23, 1977.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Paul Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Allan Goodloe, Jr., Shaw, Howlett & Schwartz, Clayton, for defendant-appellant.

PER CURIAM:

By information, defendant was charged with possession1 of phendimetrazine tablets. In orally instructing the jury panel after it was sworn for voir dire examination, the court stated that defendant was charged with possession of the controlled substance. MAI-CR 1.02. By Instruction No. 4 (MAI-CR 14.10), the court charged on the crime of possession. Nevertheless, the jury returned a verdict finding defendant...

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