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STATE v. McKINNEY

Nos. 55746, 55747.

475 S.W.2d 51 (1971)

STATE of Missouri, Respondent, v. Charles McKINNEY and Leroy Mayes, Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied January 10, 1972.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for respondent.

Robert H. Dierker, St. Louis, for Charles McKinney, appellant.

Harry L. Bell, St. Louis, for appellant Leroy Mayes.

Motion for Rehearing or to Transfer to Court En Banc Denied January 10, 1972 in No. 55746.

PRITCHARD, Commissioner.

In a consolidated trial, appellants were found guilty of murder in the first degree. The jury was unable to assess the punishment and the court set it at life imprisonment for each appellant. On this appeal each appellant has filed a brief.

About 6:00 p. m. on December 4, 1968, Claude Johnson, Tom Croce, Mike Lograsso and a customer were...

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