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STATE v. PITTMAN

No. 12897.

668 S.W.2d 144 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Donald Eugene PITTMAN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied March 27, 1984.

Application to Transfer Denied May 15, 1984.

Attorney(s) appearing for the Case

Ty Gaither, Gaither & Nolan, Springfield, for defendant-appellant.

John Ashcroft, Atty. Gen., John M. Morris, Kristie Green, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

FLANIGAN, Presiding Judge.

Defendant was charged with the sale of percodan, a Schedule II controlled substance, in violation of § 195.020,1 and was prosecuted as having been previously convicted of a felony violation of the laws of this state relating to controlled substances. § 195.200.1(5). Defendant pleaded "not guilty by reason of mental disease or defect excluding responsibility." The jury found defendant guilty and he was...

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