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STATE v. EALEY

No. KCD 26910.

515 S.W.2d 778 (1974)

STATE of Missouri, Respondent, v. Joe Louis EALEY, Appellant.

Missouri Court of Appeals, Kansas City District.

November 4, 1974.

Attorney(s) appearing for the Case

Willard B. Bunch, Public Defender, Paul Crider, Jr., Asst. Public Defender, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Donald R. Bird, Asst. Atty. Gen., Jefferson City, for respondent.

Before PRITCHARD, P. J., and SWOFFORD and SOMERVILLE, JJ.

SWOFFORD, Judge.

Appellant, herein designated as defendant, was convicted by a jury of statutory rape of one M____ K____ C____, age 14. The jury was unable to agree upon a sentence and the court sentenced him to forty (40) years in the custody of the Missouri Department of Corrections. This is a direct and timely appeal from such judgment and sentence.

The defendant raises two points of error on this appeal.

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