STATE v. GRAY

Nos. 52502, 49313.

432 S.W.2d 593 (1968)

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

Supreme Court of Missouri, Division 3.

October 25, 1968.


Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Gerald L. Birnbaum, Asst. Atty. Gen., Jefferson City, for respondent.

Raymond A. Klemp, Caruthersville, Court appointed for appellant.


J. DONALD MURPHY, Special Judge.

Appellant Dan Westley Gray was found guilty of murder in the second degree in the Circuit Court of New Madrid County on September 21, 1961, and sentenced to confinement for sixty years. He was represented by counsel of his own choice.

The undisputed facts are that the appellant shot and killed one Cleatus Phillips, a deputy sheriff, while the latter was attempting to arrest him pursuant to a warrant. The conviction was affirmed...

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