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STATE v. POTTER

No. 38505.

560 S.W.2d 29 (1977)

STATE of Missouri, Respondent, v. Richard POTTER, Appellant.

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

Motion for Rehearing or Transfer Denied December 27, 1977.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, W. Mitchell Elliott, Asst. Attys. Gen.,

Jefferson City, Ronald R. McKenzie, Pros. Atty., Marion County, Hannibal, for respondent.

William B. Spaun, Hannibal, for appellant.

Appellant's Motion for Rehearing or Transfer to Supreme Court Denied December 27, 1977.

CLEMENS, Presiding Judge.

A jury found defendant Richard Potter, acting in concert with his brother Ronald, guilty of stealing an outboard motor worth at least $50 (§§ 560.156 and 560.161), and fixed his punishment at four years' imprisonment. Judgment and this appeal followed.

The core issue is whether the state's evidence showed defendant was in the...

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