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STATE v. GRAY

No. 49313.

360 S.W.2d 642 (1962)

STATE of Missouri, Respondent, v. Dan Westley GRAY, Appellant.

Supreme Court of Missouri, Division No. 1.

October 8, 1962.

Attorney(s) appearing for the Case

Welker & Young, Portageville, for appellant.

Thomas F. Eagleton, Atty. Gen., Richard R. Nacy, Jr., Special Asst. Atty. Gen., Jefferson City, for respondent.

HOUSER, Commissioner.

A jury convicted Dan Westley Gray of murder in the second degree and fixed his punishment at 60 years, on an information charging him with the first degree murder of Cleatus Leo Phillips on September 12, 1960 in New Madrid County. Gray's attorneys filed a motion for new trial, which was overruled. Gray appealed but filed no brief, so we review all the specifications of error properly preserved in his motion for new trial, Sup.Ct. Rule 27.20,...

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