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STATE v. LEE

No. 57013.

491 S.W.2d 317 (1973)

STATE of Missouri, Respondent, v. Calvin LEE, Appellant.

Supreme Court of Missouri, Court en Banc.

March 12, 1973.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

James R. Wyrsch, Koenigsdorf, Kaplan, Kraft & Fox, Kansas City, for appellant.

BARDGETT, Judge.

Calvin Lee was convicted of robbery in the first degree, a felony, by a jury. The jury was unable to agree on punishment and the court sentenced Lee to twelve years in the custody of the Department of Corrections. Defendant's motion for new trial was overruled and Lee appeals. The notice of appeal was filed in this court prior to January 1, 1972, and therefore this court has jurisdiction under Art. V, § 3, Const. of Mo.1945, V.A.M.S.

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