STATE v. CLINE

No. 73162.

808 S.W.2d 822 (1991)

STATE of Missouri, Plaintiff-Respondent, v. Herbert CLINE, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

May 3, 1991.


Attorney(s) appearing for the Case

William E. Erdrich, St. Joseph, for defendant-appellant.

William L. Webster, Atty. Gen., John P. Pollard, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


HIGGINS, Judge.

Herbert Cline was convicted by a jury of possessing methamphetamine, section 195.202, RSMo 1986. The jury assessed his punishment at imprisonment for five years; judgment was entered accordingly; the Court of Appeals, Western District, affirmed the judgment. This Court granted transfer to consider whether the trial court erred in giving Instruction 5, the verdict-directing instruction. Because of the stated...

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