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STATE v. WILKE

No. 10709.

560 S.W.2d 601 (1978)

STATE of Missouri, Plaintiff-Respondent, v. Eugene Frederick WILKE, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

January 3, 1978.

Attorney(s) appearing for the Case

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

Gary W. Lynch, Kerry D. Douglas, Douglas & Douglas, Bolivar, for defendant-appellant.

BILLINGS, Chief Judge.

A Polk County jury found defendant guilty of robbery in the first degree by means of a dangerous and deadly weapon and assessed his punishment at five years imprisonment. The jury's verdict was returned December 9, 1976.

Defendant did not file a motion for new trial and on December 28, 1976, the court, pursuant to Rule 27.09, V.A.M.R., afforded defendant allocution, rendered judgment...

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