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STATE v. SMITH

No. 53794.

445 S.W.2d 326 (1969)

STATE of Missouri, Respondent, v. Charles SMITH, Appellant.

Supreme Court of Missouri, Division No. 1.

October 13, 1969.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, D. Brook Bartlett, Special Asst. Atty. Gen., Kansas City, for respondent.

Granville E. Collins, Circuit Defender, Fulton, for defendant.

STORCKMAN, Judge.

The defendant Charles Smith was found guilty by a jury of murder in the second degree and was sentenced by the court to fifty years in the custody of the Department of Corrections pursuant to the Second Offender Act. Section 556.280, RSMo 1959, V.A.M.S. The defendant and his brother Elmer were jointly charged with first-degree murder, but the defendant was granted a severance and tried separately. He was ably represented at the trial by the public...

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