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STATE v. STEWART

No. WD 31846.

615 S.W.2d 600 (1981)

STATE of Missouri, Respondent, v. Samuel L. STEWART, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 4, 1981.

Application to Transfer Denied June 8, 1981.

Attorney(s) appearing for the Case

Carson, Monaco, Coil, Riley & McMillin, P. C., R. L. Veit, Jefferson City, for appellant.

John Ashcroft, Atty. Gen., Steven W. Garrett, Asst. Atty. Gen., Jefferson City, for respondent.

Before PRITCHARD, P. J., and TURNAGE and CLARK, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 4, 1981.

PRITCHARD, Presiding Judge.

Appellant was by the verdict of a jury convicted of kidnapping a Class B felony charged (Count I) under § 565.110 RSMo 1978, and of rape, also a Class B felony charged (Count II) under § 566.030, RSMo 1978. The jury fixed the punishment at fifteen years imprisonment on each charge. The trial court, upon its finding that appellant was a persistent...

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