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STATE v. VARNER

No. 47497.

329 S.W.2d 623 (1959)

STATE of Missouri, Respondent, v. Victor I. VARNER, alias Victor Woods, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion to Withdraw Opinion and Reconsider Appeal or to Transfer Denied December 14, 1959.

Attorney(s) appearing for the Case

Will F. Berry, Jr., Jefferson City, for appellant.

John M. Dalton, Atty. Gen., Fred L. Howard, Grover C. Huston, Asst. Attys. Gen., for respondent.

Motion to Withdraw Opinion and Reconsider Appeal or to Transfer to Court en Banc Denied December 14, 1959.

BARRETT, Commissioner.

Upon circumstantial evidence and a charge of murder in the first degree, a jury has found that Victor I. ("Tex") Varner shot and killed Larry Dale Irwin, that he was guilty of murder in the second degree and, accordingly, fixed his punishment at ten years' imprisonment. In approved and appropriate language the information charged...

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