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STATE v. JONES

No. 41627.

607 S.W.2d 740 (1980)

STATE of Missouri, Respondent, v. Darryl JONES, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 17, 1980.

Application to Transfer Denied December 15, 1980.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Nick Zotos, Asst. Public Defender, St. Louis, for appellant.

Paul Robert Otto, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 17, 1980.

REINHARD, Judge.

Defendant was convicted by a jury of the charge of sodomy in violation of § 563.230, RSMo 1969. The court assessed punishment under the Second Offender Act at 35 years imprisonment. Defendant appeals raising only one issue claiming that the trial court erred in failing to submit his requested identification instruction...

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