STATE v. BERRY

No. 44059.

637 S.W.2d 415 (1982)

STATE of Missouri, Plaintiff-Respondent, v. Loyd Dean BERRY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

July 27, 1982.


Attorney(s) appearing for the Case

James G. Gregory, Montgomery City, John Edward Cash, Kansas City, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, Thomas I. Osborne, Pros. Atty., Audrain County, Mexico, for plaintiff-respondent.


CRIST, Judge.

Defendant appeals from a jury conviction on two counts of selling intoxicating liquor without a license, § 311.550(6) RSMo 1978. The trial court's sentence followed the jury's recommendation of a $500.00 fine on each Class D felony count. We reverse and remand.

Defendant was found guilty of taking part in the organization of a "party" which provided unlimited food, live bands, and all the tap beer one could drink in return for a $7.00 gate...

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