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STATE v. DEES

No. 42833.

631 S.W.2d 912 (1982)

STATE of Missouri, Plaintiff-Respondent, v. Timothy DEES, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied April 16, 1982.

Application to Transfer Denied May 17, 1982.

Attorney(s) appearing for the Case

James J. Knappenberger, Douglas L. Levine, Clayton, for defendant-appellant.

John Ashcroft, Atty. Gen., Mark W. Comley, Kristie Green, Asst. Attys. Gen., Jefferson City, George R. Westfall, Pros. Atty., Clayton, for plaintiff-respondent.

STEWART, Presiding Judge.

Defendant appeals from a judgment entered pursuant to a jury verdict that found him guilty of burglary in the second degree. He claims that the trial court erred in: 1) overruling his motion to suppress evidence; 2) giving an instruction which contained elements of a crime that were not part of the crime charged; 3) refusing to give an instruction offered by defendant with respect to the failure of the State to call certain witnesses; 4)...

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