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STATE v. SMITH

No. WD 33710.

655 S.W.2d 626 (1983)

STATE of Missouri, Respondent, v. Larry E. SMITH, Appellant.

Missouri Court of Appeals, Western District.

Motion For Rehearing and/or Transfer to Overruled and Denied August 2, 1983.

Application to Transfer Denied September 20, 1983.

Attorney(s) appearing for the Case

James W. Fletcher, Public Defender, Gary L. Gardner, Asst. Public Defender, Kansas City, for appellant.

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

Before TURNAGE, P.J., and PRITCHARD and KENNEDY, JJ.

Motion For Rehearing and/or Transfer to Supreme Court Overruled and Denied August 2, 1983.

TURNAGE, Presiding Judge.

Larry E. Smith was found guilty by a jury of stealing without consent, § 570.030.1 RSMo 1981.1 Pursuant to the verdict of the jury the court sentenced him to four years imprisonment.

Smith raises the single point that the court erred in refusing his instruction on tampering in the second degree, §...

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