STATE v. COLE

No. 13766.

706 S.W.2d 917 (1986)

STATE of Missouri, Plaintiff-Respondent, v. Ken COLE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

March 18, 1986.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Carrie Francke, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

James D. McNabb, Asst. Public Defender, Springfield, for defendant-appellant.


PREWITT, Chief Judge.

Defendant was convicted, following nonjury trial, of the class C felony of stealing. See § 570.030, RSMo Supp.1984 (now amended). He contends that the trial court erred in overruling his motion to suppress evidence that two guns were found in an "apartment" he occupied. The state contends that our review is limited to "plain error" because no motion for new trial was filed. That contention is erroneous. In cases tried without a jury a motion...

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