STATE v. HERRON

No. KCD 29169.

565 S.W.2d 743 (1978)

STATE of Missouri, Plaintiff-Respondent, v. David HERRON, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied May 1, 1978.


Attorney(s) appearing for the Case

William G. Mays, II, Public Defender, 13th Judicial Circuit, Columbia, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Nanette K. Laughrey, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


DIXON, Judge.

Defendant appeals a conviction by a jury and a court-imposed sentence on Count I for assault with intent to rob of sixty years and on Count II for stealing of five years. Both sentences were imposed by the court because of the charge and proof that the Second Offender Act, § 556.280 RSMo 1969, applied.

Defendant asserts error on the part of the trial court in denying two motions for a mistrial, one such motion being grounded on the trial...

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