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STATE v. FELLOWS

No. KCD 30250.

588 S.W.2d 211 (1979)

STATE of Missouri, Respondent, v. Robert FELLOWS, Appellant.

Missouri Court of Appeals, Western District.

October 1, 1979.

Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Kansas City, Kevin R. Locke, Gary L. Gardner, Asst. Public Defenders, for appellant.

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

Before WASSERSTROM, C. J., and WELBORN and MURPHY, Special Judges.

WASSERSTROM, Chief Judge.

Defendant was convicted by a jury of forcible rape, robbery in the first degree, and burglary in the first degree. On this appeal, he assigns as his sole Point Relied Upon that the jury panel was improperly selected.

The record shows that the manner of jury selection permitted women the option of declining to serve. That procedure was condemned as unconstitutional in Duren v. Missouri, 439 U.S. 357<...

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