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STATE v. TATE

No. 55876.

468 S.W.2d 646 (1971)

STATE of Missouri, Respondent, v. Herbert Ned TATE, Appellant.

Supreme Court of Missouri, Division No. 1.

June 28, 1971.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., J. Michael Jarrard, Asst. Atty. Gen., Jefferson City, for respondent.

Harold F. Fullwood, Francis P. Dorsey, St. Louis, for appellant.

HOUSER, Commissioner.

This a direct appeal by Herbert Ned Tate from a judgment of conviction and sentence of life imprisonment on a charge of murder in the first degree.

Tate and four others were jointly indicted for the murder of Mike LoGrasso in his restaurant during the course of a holdup.

State's witness Claude Johnson testified that four men, Berry, Brantner, McKinney and Fair, three of whom were armed, entered

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