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STATE v. BOYD

No. 42101.

615 S.W.2d 436 (1981)

STATE of Missouri, Respondent, v. Everett George BOYD, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied April 24, 1981.

Application to Transfer Denied June 8, 1981.

Attorney(s) appearing for the Case

William Shaw, Public Defender, Timothy M. Gardner, Asst. Public Defender, Clayton, for appellant.

John Ashcroft, Atty. Gen., Suzanne M. Boersig, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 24, 1981.

CLEMENS, Senior Judge.

A jury found defendant Everett G. Boyd guilty of stealing three credit cards (Sec. 570.030 2. (3)(c) R.S.Mo.1978), and fixed his punishment at three years in prison. Judgment, after-trial motion, commitment and appeal followed.

The relevant facts: Victim Roy Hart casually met defendant; they went to Hart's apartment and drank heavily; Hart went to bed...

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