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STATE v. MAXWELL

No. 34802.

502 S.W.2d 382 (1973)

STATE of Missouri, Plaintiff-Respondent, v. Thomas Russell MAXWELL, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing or Transfer Denied November 13, 1973.

Application to Transfer Denied January 14, 1974.

Attorney(s) appearing for the Case

David Uthoff, Asst. Pub. Defender, Thadeus F. Niemira, William R. Kirby, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Jefferson City, G. Michael O'Neal, Asst. Atty. Gen., J. Brendan Ryan, Circuit Atty., James J. Barta, Nels C. Moss, Jr., William M. Frain, Jr., Frederick Dana, Asst. Circuit Attys., St. Louis, for plaintiff-respondent.

KELLY, Judge.

Thomas Russell Maxwell was charged by an amended information with Robbery First Degree by means of a dangerous and deadly weapon. In addition to the charge for which he was on trial the amended information alleged that he had previously been convicted of a felony, to-wit, Stealing from a person. Section 556.280 R.S.Mo. 1969, V.A.M.S.1 Trial was had by a jury, and the only issue submitted to the jury was whether he was guilty...

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