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STATE v. MACONE

No. 11224.

593 S.W.2d 619 (1980)

STATE of Missouri, Plaintiff-Respondent, v. James Ace MACONE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied February 8, 1980.

Application to Transfer Denied March 11, 1980.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Donna Bowles, Asst. Atty. Gen., Jefferson, for plaintiff-respondent.

David Robards, Public Defender, Joplin, for defendant-appellant.

BILLINGS, Presiding Judge.

Defendant James Ace Macone was tried and convicted of first degree robbery [§ 560.120, RSMo 1969] and his punishment fixed at 18 years imprisonment.1 He seeks review of five assignments of alleged trial error under the plain error rule. We affirm.

The record in this case demonstrates defendant's guilt was established by overwhelming evidence. Among other things, there was evidence from his brother...

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