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STATE v. COUNSELMAN

No. 41088.

603 S.W.2d 3 (1980)

STATE of Missouri, Respondent, v. Wallace D. COUNSELMAN, Jr., Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied May 19, 1980.

Application to Transfer Denied September 9, 1980.

Attorney(s) appearing for the Case

C. Clifford Schwartz, Shaw, Howlett & Schwartz, Clayton, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Lew A. Kollias, Asst. Attys. Gen., Jefferson City, George Westfall, Pros. Atty., Courtney Goodman, Asst. Pros. Atty., Clayton, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 19, 1980.

CLEMENS, Senior Judge.

In this jury-waived case the trial court found defendant Wallace Counselman guilty of first degree robbery and armed criminal action and sentenced him to imprisonment for concurrent eight and three year terms.

Defendant first challenges the evidentiary sufficiency to show the statutory element of putting the victim in fear.1

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