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STATE v. KEARNS

No. 15306.

743 S.W.2d 553 (1987)

STATE of Missouri, Plaintiff-Respondent, v. John Melvin KEARNS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and/or Transfer to Denied December 29, 1987.

Application to Transfer Denied February 17, 1988.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Robert V. Franson, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Ronald A. Conway, Asst. Public Defender, Springfield, for defendant-appellant.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 29, 1987.

PER CURIAM.

Defendant has appealed his conviction of the crime of felony stealing, § 570.030, RSMo 1978. For reasons hereinafter set forth, we sustain the state's motion to dismiss the appeal.

Defendant's case was tried to a jury in April of 1981, at the conclusion of which a verdict of guilty was returned. Hearing on a defense motion for new trial was rescheduled...

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