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STATE v. SMITH

No. 41743.

609 S.W.2d 720 (1980)

STATE of Missouri, Respondent, v. Milton SMITH, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied December 12, 1980.

Attorney(s) appearing for the Case

Robert E. Ahrens, Robert C. Babione, Sara T. Harmon, Leslie D. Edwards, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Lew A. Kollias, Asst. Attys. Gen., Jefferson City, George Peach, Circuit Atty., St. Louis, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 12, 1980.

REINHARD, Judge.

Defendant appeals from a two-year sentence for the offense of sodomy1 imposed by the court in accordance with the jury's verdict of guilty. He was charged with flourishing a dangerous and deadly weapon as well as with sodomy. The jury acquitted the defendant of the former offense.

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