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STATE v. WILLIAMS

No. SC 90501.

313 S.W.3d 656 (2010)

STATE of Missouri, Respondent, v. Robert Earl WILLIAMS, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 29, 2010.

Attorney(s) appearing for the Case

Gwenda Renee Robinson, Public Defender's Office, St. Louis, for Appellant.

Mary H. Moore, Atty. General's Office, for Respondent.

ZEL M. FISCHER, Judge.

Timothy Wagner was robbed. Robert Williams was charged with robbery in the second degree by acting with another. At trial, Williams testified in his own defense, denying the charge. At the instruction conference, he requested the jury be instructed on the lesser included offense of felony stealing. The trial court refused Williams' request and only instructed the jury on robbery in the second degree. The jury found Wagner guilty of robbery....

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