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STATE v. FALBO

No. 47442.

333 S.W.2d 279 (1960)

STATE of Missouri, Respondent, v. Salvidor FALBO, Appellant.

Supreme Court of Missouri, Division No. 1.

March 14, 1960.

Attorney(s) appearing for the Case

Gayles R. Pine and Robert L. Welling, of Pine & Welling, Warrensburg, for appellant.

John M. Dalton, Atty. Gen., Donal D. Guffey, Asst. Atty. Gen., for respondent.

HOLMAN, Commissioner.

Charged by indictment with murder in the first degree, the appellant, Salvidor Falbo, hereinafter referred to as defendant, was found guilty of murder in the second degree and his punishment fixed by the jury at imprisonment in the penitentiary for a term of 60 years. Defendant has appealed from the ensuing judgment.

The indictment alleged that defendant killed Shirley Alice Kyle on June 25, 1957, by placing his hand over her face and...

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