STATE v. ALLEN

No. 16219.

781 S.W.2d 240 (1989)

STATE of Missouri, Plaintiff-Respondent, v. Kenneth Wayne ALLEN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

December 12, 1989.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Jon Van Arkel, Asst. Public Defender, Jefferson City, for defendant-appellant.


PREWITT, Judge.

Following jury trial, defendant was convicted of three counts of possession of controlled substances and two counts of receiving stolen property. He received concurrent sentences, the longest of which was twenty years.

In his first point defendant contends that error occurred when the trial court gave a "circumstantial evidence" instruction which deviated from MAI-CR 3d 310.02. The instruction given states:

Circumstantial evidence...

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