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STATE v. BEBEE

No. 10658.

577 S.W.2d 658 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Jesse BEBEE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

February 13, 1979.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Carson Elliff, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

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

FRANK CONLEY, Special Judge.

Jesse Bebee, appellant herein, was charged by information filed April 9, 1976, with felonious assault upon a fellow prisoner in the Jasper County Jail. Appellant was convicted after a trial by jury and sentenced to a term of five years. Appeal is taken from this conviction upon the following grounds:

(1) The trial court erred in overruling appellant's motions for mistrial or continuance based upon the prosecutor's failure to disclose...

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