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STATE v. HORNE

No. WD 41245.

778 S.W.2d 756 (1989)

STATE of Missouri, Respondent, v. Donald Gene HORNE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 3, 1989.

Application to Transfer Denied November 14, 1989.

Attorney(s) appearing for the Case

James F. Crews, Crews & Gaw, Tipton, for appellant.

William L. Webster, Atty. Gen., William J. Swift, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P.J., and TURNAGE and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 3, 1989.

TURNAGE, Judge.

Donald Gene Horne was found guilty by a jury of acceding to corruption, § 576.020, RSMo 1986. The jury recommended a sentence of five years imprisonment and a fine to be set by the judge, but the court imposed sentence of imprisonment for three years with no fine. Horne contends the State failed to prove an agreement, error in the giving of an instruction, and...

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