STATE v. EMORY

No. 44004.

643 S.W.2d 24 (1982)

STATE of Missouri, Plaintiff-Respondent, v. Donald S. EMORY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied November 19, 1982.

Application to Transfer Denied January 17, 1983.


Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George Westfall, Pros. Atty., Clayton, for defendant-appellant.

Ray B. Marglous, Clayton, for plaintiffrespondent.


SMITH, Presiding Judge.

Defendant appeals from his conviction by a jury of armed criminal action and assault in the first degree and the resultant concurrent ten year sentences. We affirm.

The victim, Donald May, had resided in a house owned and occupied by John McBroom and his wife. McBroom was arrested and placed in jail. His wife left the house to live with her family. May then moved out, and believing that the McBrooms owed him a refund of money he had...

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