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STATE v. MOORE

No. WD 32966.

659 S.W.2d 252 (1983)

STATE of Missouri, Respondent. v. Dennis B. MOORE, Appellant.

Missouri Court of Appeals, Western District.

As Modified October 4, 1983.

Attorney(s) appearing for the Case

Phillip R. Gibson (argued), Kansas City, for appellant.

William N. Marshall (argued), Harrisonville, for respondent.

Before SOMERVILLE, C.J., and SHANGLER, PRITCHARD, DIXON, TURNAGE, MANFORD and NUGENT, JJ.

NUGENT, Judge.

Defendant was convicted by a jury of possession of marijuana, § 195.020,1 sentenced to thirty days in jail, and fined $500. He argues both that his warrantless arrest was unlawful and that the subsequent warrantless search and seizure of evidence in his home was unlawful. We reverse.

At 1:30 a.m. on October 13, 1980, Deputy Sheriff John Lucas of the Cass County Sheriff's Department was sent to a residence in...

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