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STATE v. CAMPBELL

No. 55796.

465 S.W.2d 474 (1971)

STATE of Missouri, Respondent, v. Robert Lee CAMPBELL, Appellant.

Supreme Court of Missouri, Division No. 2.

April 12, 1971.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Kermit W. Almstedt, Asst. Atty. Gen., Jefferson City, for respondent.

Ellis S. Outlaw, St. Louis, John J. Spencer, Washington, D. C., for appellant.

BARRETT, Commissioner.

In shooting and killing William D. Beale a jury found Robert Lee Campbell guilty of murder in the second degree. The jury was unable to agree on the punishment and the court fixed the punishment at 25 years' imprisonment, a penalty within the statute and upon this record not necessarily cruel and unusual punishment. RSMo 1969, § 559.030, V.A.M.S.; State v. Gray, Mo., 360 S.W.2d 642.

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