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STATE v. SAMUEL

No. KCD 29352.

562 S.W.2d 733 (1978)

STATE of Missouri, Respondent, v. Tracy Eugene SAMUEL, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied February 27, 1978.

Application to Transfer Denied April 10, 1978.

Attorney(s) appearing for the Case

C. B. Fitzgerald, Warrensburg, for appellant.

John D. Ashcroft, Atty. Gen., Stanley Robinson, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P. J., and WASSERSTROM and TURNAGE, JJ.

TURNAGE, Judge.

Tracy Samuel appeals his conviction of robbery first degree and sentence of confinement.

The sole contention on this appeal is the failure of the evidence to support a conviction of robbery. Reversed and remanded.

In June, 1976, George McFarland and his wife, Ruth McFarland, owned and operated a grocery store, filling station and bait shop just off Highway 7 about two and one-half miles west of Warsaw. The building in which the business...

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