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STATE v. HORNE

No. 48903.

691 S.W.2d 402 (1985)

STATE of Missouri, Plaintiff-Respondent, v. Sterling HORNE, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied May 17, 1985.

Application to Transfer Denied June 25, 1985.

Attorney(s) appearing for the Case

Mark Anthony Richardson, Asst. Atty. Gen., Jefferson City, for defendant-appellant.

John Michael Putzel, Asst. Public Defender, St. Louis, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 17, 1985.

KAROHL, Judge.

Defendant Sterling Horne was charged with first degree robbery, § 569.020 RSMo 1978, and first degree assault § 565.050 RSMo 1978. A jury found defendant guilty of the included offense of second degree robbery. The court declared a mistrial on the assault charge because the jury was unable to reach a verdict. Defendant, found to be a persistent offender, was...

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