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STATE v. McCOMBS

No. 54799.

772 S.W.2d 401 (1989)

STATE of Missouri, Respondent, v. Julius McCOMBS, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

June 27, 1989.

Attorney(s) appearing for the Case

Mary C. McWilliams, Asst. Public Defender, St. Louis, for appellant.

William L. Webster, Atty. Gen., Daryl R. Hylton, Asst. Atty. Gen., Jefferson City, for respondent.

DOWD, Presiding Judge.

Appellant challenges his conviction of robbery in the second degree, § 569.030, RSMo 1986, after a jury trial. As a Persistent Offender, he was sentenced to twelve years imprisonment. The issues raised on appeal are as follows: 1) the trial court erred in allowing instructions for robbery in the first and second degrees while refusing to offer an instruction for stealing under $150.00; and 2) the trial court erred in failing to grant a...

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