STATE v. MOORE

No. 42963.

620 S.W.2d 56 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Franklin MOORE, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

August 4, 1981.


Attorney(s) appearing for the Case

Joseph W. Downey, Asst. Public Defender, Robert C. Babione, Public Defender, St. Louis, for appellant-defendant.

John Ashcroft, Atty. Gen., Suzanne M. Boersig, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for plaintiff-respondent.


WEIER, Judge.

The jury found defendant guilty of robbery in the second degree and assessed his punishment at five years imprisonment in the Division of Corrections. From the judgment based on this verdict, defendant has appealed contending first that he was entitled to have the jury instructed on the lesser offense of stealing; and second, the trial court erred in granting defendant's trial counsel a thirty-day extension to file the motion for new trial contrary to...

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