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STATE v. SHIVE

No. 10803.

585 S.W.2d 192 (1979)

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

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied July 23, 1979.

Application to Transfer Denied September 11, 1979.

Attorney(s) appearing for the Case

Gregory K. Johnson, Springfield, for defendant-appellant.

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

CHARLES V. BARKER, Special Judge.

Appellant waived trial by jury and consented to trial before the court on charge of second degree burglary and stealing. Defendant was found guilty by the court and sentenced to a term of seven years on the charge of burglary and five years on the charge of stealing and said sentences were ordered to run concurrently.

Appellant seeks to have his conviction reversed on two grounds.

I.

The court erred in admitting...

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