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STATE v. FOGLE

No. WD 36261.

694 S.W.2d 820 (1985)

STATE of Missouri, Respondent, v. Ralph FOGLE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied July 30, 1985.

Application to Transfer Denied September 10, 1985.

Attorney(s) appearing for the Case

Paul T. Graham, Carson, Monaco, Coil, Riley & McMillin, P.C., Jefferson City, for appellant.

William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Mary Eliss Burnett, Asst. Atty. Gen., Jefferson City, for respondent.

Before LOWENSTEIN, P.J., and SHANGLER and SOMERVILLE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied July 30, 1985.

PER CURIAM.

A jury found defendant guilty of stealing more than One Hundred Fifty Dollars by means of "deceit", § 570.030.1, RSMo Supp.1984, and fixed his punishment at three years imprisonment. Judgment was rendered and sentence pronounced accordingly.

There is no occasion to review two of three assignments of error raised by defendant on appeal as one in...

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