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STATE v. STURDIVAN

No. 57539.

497 S.W.2d 139 (1973)

STATE of Missouri, Respondent, v. Merle Richard STURDIVAN, Appellant.

Supreme Court of Missouri, Division No. 1.

July 16, 1973.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.

Robert G. Duncan, Duncan & Russell, Kansas City, for appellant.

HIGGINS, Commissioner.

Merle Richard Sturdivan, charged with murder, first degree, was convicted by a jury which assessed his punishment at life imprisonment. Sentence and judgment were rendered accordingly. §§ 559.010, 559.030, RSMo 1969, V.A.M.S. (Appeal taken prior to January 1, 1972.)

The case was submitted on instructions covering murder, first degree; and appellant contends, first, that the court erred in refusing to instruct on murder, second...

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