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STATE v. DRAPER

No. 65816.

675 S.W.2d 863 (1984)

STATE of Missouri, Respondent, v. James DRAPER, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 9, 1984.

Attorney(s) appearing for the Case

Sean D. O'Brien, Asst. Public Defender, James W. Fletcher, Public Defender, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Janet Papageorge, Asst. Atty. Gen., Jefferson City, for respondent.

DONNELLY, Judge.

James Draper was convicted of first degree robbery, § 569.020, RSMo 1978, and sentenced to eighteen years in prison. The Western District Court of Appeals reversed his conviction and remanded the case for a new trial. A dissenting judge deemed the majority opinion to be in conflict with State v. Smith, 649 S.W.2d 417 (Mo. banc 1983), and State v. Harrell, 637 S.W.2d 752

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