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STATE v. LOWERY

No. 10281.

565 S.W.2d 680 (1978)

STATE of Missouri, Plaintiff-Respondent, v. Carl LOWERY, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or Transfer Denied April 21, 1978.

Application to Transfer Denied June 15, 1978.

Attorney(s) appearing for the Case

Charles E. Buchanan, Asst. Public Defender, Joplin, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before HOGAN, P. J., and MOORE and NORTHERN, Special Judges.

WELDON W. MOORE, Special Judge.

Defendant Carl Lowery was charged in the Circuit Court of Jasper County with first degree robbery under § 560.120, RSMo 1969, in that on or about September 2, 1975, he "did wilfully, unlawfully and feloniously take a .357 Magnum Smith & Wesson pistol and Twenty-Eight Dollars, lawful money of the United States from the person of Paul M. James in his presence and against his will by putting him in fear of some immediate injury...

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