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STATE v. MONTGOMERY

No. 40768.

588 S.W.2d 749 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Harold MONTGOMERY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

October 9, 1979.

Attorney(s) appearing for the Case

Robert Babione, Public Defender, Blair K. Drazic, Lyndia R. Glasgow, Asst. Public Defenders, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Gordon L. Ankney, Asst. Circuit Atty., Jefferson City, for plaintiff-respondent.

DOWD, Presiding Judge.

Appellant (herein defendant) was convicted of feloniously stealing an automobile contrary to §§ 560.156 and 560.161, RSMo. 1969. During the trial and at the close of all the evidence the court granted the State leave to substitute an information for the indictment adding the words "acting with another" after the defendant's name. Defense counsel promptly objected to the amending language.

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