dissenting.
I respectfully dissent for the reasons set forth in my dissenting opinion in State v. Haggard, 619 S.W.2d 44 (1981) (No. 62227, decided July 14, 1981). Further, in an attempt to evade the impact of Albernaz v. United States, 450 U.S. 333, 101 S.Ct. 1137, 67 L.Ed.2d 275 (1981), and to fortify their notion of double jeopardy, the majority have engrafted an erroneous statutory interpretation of Missouri’s new Criminal Code as an issue in this cause. As to this, I share the sense of disapproval expressed in the dissenting opinion of Chief Justice Don-nelly.