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STATE v. ELAM

No. WD 33514.

646 S.W.2d 834 (1982)

STATE of Missouri, (Respondent), v. Randy ELAM, (Appellant).

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied February 1, 1983.

Application to Transfer Denied March 29, 1983.

Attorney(s) appearing for the Case

Gary E. Ravens, Marceline, for appellant.

John Ashcroft, Atty. Gen., Priscilla Gunn, Asst. Atty. Gen., Jefferson City, for respondent.

Before SOMERVILLE, C.J., CLARK, J., and MOORE, Senior Judge.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied February 1, 1983.

CLARK, Judge.

Randy Elam was convicted of the offense of passing a bad check, § 570.120, RSMo 1978, and he was sentenced as a persistent offender to a term of five years. Reversed.

On this appeal, Elam contends the evidence produced by the state made no submissible case against him. We agree and therefore consider only incidentally his second point that...

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