STATE v. ALLEN

No. 56833.

485 S.W.2d 28 (1972)

STATE of Missouri, Respondent, v. Weldon ALLEN, Jr., Appellant.

Supreme Court of Missouri, Division No. 2.

October 9, 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.

Gordian S. Benes, St. Louis, for appellant.


HENRY I. EAGER, Special Commissioner.

Defendant was convicted by a jury of second degree murder. The jury was unable to agree on the punishment and the Court sentenced him to a term of 20 years. Motion for a new trial was overruled and defendant has appealed as a poor person but is represented here by his original retained counsel. The appeal was filed here prior to January 1, 1972, hence we have jurisdiction. Two points are made in the brief: (1) that the Court erred...

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