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STATE v. McCABE

No. WD 72495.

345 S.W.3d 311 (2011)

STATE of Missouri, Respondent, v. Ricky Eugene McCABE, Appellant.

Missouri Court of Appeals, Western District.

June 28, 2011.

Attorney(s) appearing for the Case

Craig A. Johnston , Assistant State Public Defender, Columbia, MO, for Appellant.

Chris Koster , Attorney General, Mary H. Moore , Assistant Attorney General, Jefferson City, MO, for Respondent.

Before Division II: JAMES M. SMART, JR., Presiding Judge, and MARK D. PFEIFFER and CYNTHIA L. MARTIN, Judges.

MARK D. PFEIFFER, Judge.

Ricky Eugene McCabe ("McCabe") appeals his conviction after a jury trial in Boone County, Missouri ("trial court"), for the class B felony of possessing a prohibited article of property in or about the premises of a county jail that may be used in such manner as to endanger the safety or security of the institution, section 221.111.1(4), RSMo Cum.Supp.2009. McCabe moved for a judgment of acquittal notwithstanding the verdict, or in the alternative...

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