STATE v. McINTOSH

No. WD 32402.

635 S.W.2d 370 (1982)

STATE of Missouri, Respondent, v. Eunice J. McINTOSH, Appellant.

Missouri Court of Appeals, Western District.

June 8, 1982.


Attorney(s) appearing for the Case

James W. Fletcher, Public Defender, Sean D. O'Brien, Asst. Public Defender, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before SHANGLER, P. J., and PRITCHARD and DIXON, JJ.


PRITCHARD, Judge.

By the verdict of a jury, appellant was convicted of obtaining a controlled substance by fraud under § 195.250, RSMo 1978. The jury was unable to agree upon her punishment and the trial court set it at five years imprisonment in the Missouri Division of Corrections.

Three points are made, the last of which challenges the sufficiency of the state's proof. The evidence was this: Douglas C. Albers, a pharmacist of four years, owning and...

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