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STATE v. McKNIGHT

No. 37272.

539 S.W.2d 729 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Ernest Wesley McKNIGHT, Defendant-Appellant.

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

July 13, 1976.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Joseph F. Beatty, James C. Jones, Asst. Public Defenders, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Nels C. Moss, Jr., Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

WEIER, Presiding Judge.

Defendant was convicted of stealing property of the value of at least $50.00 and sentenced under the Second Offender Act to nine years in the Department of Corrections. Defendant contends that his opportunity for a fair trial was prejudiced by the improper admission of the hearsay testimony of Patrolman Kiefer to the effect that defendant had been retained in custody after the identifying witness...

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