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STATE v. MOUNTJOY

No. 29532.

585 S.W.2d 98 (1979)

STATE of Missouri, Respondent, v. Robert C. MOUNTJOY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 12, 1979.

Application to Transfer Denied September 11, 1979.

Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Kevin R. Locke, Asst. Public Defender, Kansas City, Herbert William McIntosh, Bellmann, Speck & Handley, Kansas City, for appellant.

John D. Ashcroft, Atty. Gen., John M. Morris, III, Asst. Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before HIGGINS, Special Judge, Presiding, SWOFFORD, C. J., and ROBERT R. WELBORN, Special Judge.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 12, 1979.

ROBERT R. WELBORN, Special Judge.

Appeal from conviction on jury trial of second degree burglary and stealing in connection therewith and two counts of felonious assault without malice.

In this court the issues involve the sufficiency of the evidence to support the convictions and whether or not appellant is entitled to benefit of the holding in Duren v. Missouri,

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