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STATE v. RUSS

No. 40819.

602 S.W.2d 485 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Clifford RUSS, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

July 22, 1980.

Attorney(s) appearing for the Case

Robert Babione, Public Defender, John Putzel, Asst. Public Defender, St. Louis, for defendant-appellant.

Paul Robert Otto, Asst. Atty. Gen., John Ashcroft, Atty. Gen., Jefferson City, George Peach, Circuit Atty., St. Louis, for plaintiff-respondent.

DOWD, Presiding Judge.

The defendant, Clifford Russ, appeals from a jury verdict finding him guilty of felonious possession of burglar's tools. § 560.115 RSMo 1969 [now § 569.180 RSMo 1979]. He was sentenced to five years imprisonment.

On Sunday, October 17, 1977 as police officer Clifford Jarvis was driving east on Manchester Road at 12:45 a. m. he saw the defendant standing on a corner across from a closed tavern. There had been a recent history...

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