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STATE v. SMITH

No. KCD 30306.

595 S.W.2d 764 (1980)

STATE of Missouri, Respondent, v. Charles S. SMITH, a/k/a Evette Smith, Appellant.

Missouri Court of Appeals, Western District.

March 3, 1980.

Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Kevin R. Locke, Gary L. Gardner, Asst. Public Defenders, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before WASSERSTROM, C. J., Presiding, and SHANGLER and MANFORD, JJ.

WASSERSTROM, Chief Judge.

Upon jury trial in June 1978, defendant was convicted of murder in the second degree. He appeals on the sole ground that the jury selection was discriminatory against women in violation of Duren v. Missouri, 439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979). Defendant did not file a timely motion for new trial and he therefore concedes that this sole point on appeal was not properly preserved for review...

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