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STATE v. SPINKS

Nos. 42802, 42836.

629 S.W.2d 499 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Kenneth SPINKS, Defendant-Appellant. STATE of Missouri, Plaintiff-Respondent, v. Larry LEE, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied December 16, 1981.

Application to Transfer Denied January 18, 1982.

Attorney(s) appearing for the Case

Joseph W. Downey, Public Defender, Mary Bennett, Asst. Public Defender, St. Louis, for defendant-appellant in no. 42802.

Curtis C. Crawford, St. Louis, for defendant-appellant in no. 42836.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for plaintiff-respondent in both cases.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 16, 1981.

GUNN, Judge.

Defendants-appellants, Kenneth Spinks and Larry Lee, were jointly tried with Samuel Conley and convicted of attempted first degree robbery.1 They raise the identical points of alleged error. Therefore, on our own motion we have consolidated the appeals of Spinks and Lee and treat them in this opinion.

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