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STATE v. DUNCAN

No. 12794.

648 S.W.2d 892 (1983)

STATE of Missouri, Respondent, v. Danny DUNCAN, Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied February 25, 1983.

Application to Transfer Denied April 26, 1983.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., John B. Jacobs, Jr., Asst. Atty. Gen., Jefferson City, for respondent.

James A. DeReign, DeReign & DeReign, Caruthersville, for appellant.

Motion for Rehearing or to Transfer to Supreme Court Denied February 25, 1983.

TITUS, Judge.

Defendant was charged with and jury-convicted of robbery in the first degree1 and sentenced to imprisonment for a term of 15 years. Upon appeal defendant contends the trial court erred in refusing to give his requested instruction based on MAI-CR 2d 3.30.12 which is predicated on § 562.076 RSMo 1978.

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