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STATE v. SHUMATE

No. 42110.

629 S.W.2d 379 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Dennis SHUMATE, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer November 20, 1981.

Application to Transfer Denied January 18, 1982.

Attorney(s) appearing for the Case

Stuart Cofman, St. Louis, Paul Corning, Jr., Clayton, for defendant-appellant.

John Ashcroft, Atty. Gen., Jefferson City, George Westfall, Pros. Atty., Clayton, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court November 20, 1981.

PUDLOWSKI, Presiding Judge.

Defendant, after a jury trial, was convicted of assault in the first degree, stealing over $150 without consent, and stealing without consent. He appeals.

The evidence shows that on January 26, 1979, at approximately 11:00 p. m., Tom Buyatte, a maintenance worker at Anthony's Chevrolet Co., located in the City of Crestwood, Missouri, was taking trash...

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