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STATE v. BOROTZ

No. WD 33,433.

654 S.W.2d 111 (1983)

STATE of Missouri, Respondent, v. Michael R. BOROTZ, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied June 28, 1983.

Application to Transfer Denied August 16, 1983.

Attorney(s) appearing for the Case

Fred Duchardt, Public Defender, Peter Schloss (argued), Liberty, for appellant.

John Ashcroft, Atty. Gen. and Kristie Green, Asst. Atty. Gen., Jefferson City, Phil Koppe, Asst. Atty. Gen. (argued), Kansas City, for respondent.

Before NUGENT, P.J., and TURNAGE and LOWENSTEIN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied June 28, 1983.

NUGENT, Presiding Judge.

Defendant appeals his conviction by a jury of possession of over thirty-five grams of marijuana, § 195.0201, for which he was sentenced to five years imprisonment. He argues that certain questions by the prosecutor impermissibly attempted to use his post-arrest silence against him and that the warrantless search...

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