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STATE v. DUREN

No. KCD 30570.

595 S.W.2d 773 (1980)

STATE of Missouri, Respondent, v. Frank B. DUREN, 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, Earl W. Brown, III, Asst. Atty. Gen., Kansas City, for respondent.

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

WASSERSTROM, Chief Judge.

Defendant was convicted in November 1978, after a jury trial, of assault with malice aforethought. He appeals on the sole ground that the manner of the jury selection was an unconstitutional deprivation of his right to a jury composed of a representative cross section of society as decided in Duren v. Missouri, 439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979).

The state seeks to distinguish...

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