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STATE v. HARROLD

No. 43551.

626 S.W.2d 260 (1981)

STATE of Missouri, Respondent, v. Alfonzo HARROLD, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and or Transfer Denied January 15, 1982.

Attorney(s) appearing for the Case

Robert J. Thomas, Jr., St. Louis, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Kirk Lohman, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.

CRIST, Judge.

Defendant was convicted by a jury for abuse of a child in violation of § 568.060, RSMo.1978 and was sentenced to five years imprisonment. Defendant challenges the conviction on double jeopardy grounds. We disagree and affirm.

The first trial began on August 19, 1980. For its first witness, the state called defendant's brother, Darryl, to the witness stand. During the course of the state's direct...

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