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  5. 581 S.W.2d 389 (1979)
 

STATE v. ALEXANDER

No. 40402.

581 S.W.2d 389 (1979)

STATE of Missouri, Plaintiff-Respondent, v. William T. ALEXANDER, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied May 18, 1979.

Application to Transfer Denied June 19, 1979.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Sara T. Harmon, Asst. Public Defender, St. Louis, for defendant-appellant.

Paul Robert Otto, Steven Scott Clark, Asst. Attys. Gen., John D. Ashcroft, Atty. Gen., Jefferson City, John P. Dockery, Jr., George A. Peach, Circuit Atty., St. Louis, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 18, 1979.

REINHARD, Presiding Judge.

Defendant appeals from his conviction by a jury for the offense of stealing property of a value of at least $50.00. (§§ 560.156, 560.161, RSMo 1969). Under the Second Offender Act the court assessed his punishment at seven years imprisonment. On appeal, defendant first contends that the trial court erred in failing to sustain his motion for judgment...

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