STATE v. McCREARY

No. 34932.

504 S.W.2d 132 (1973)

STATE of Missouri, Plaintiff-Respondent, v. Thomas McCREARY, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

December 18, 1973.


Attorney(s) appearing for the Case

Louis Birenbaum, Fox, Goldblatt & Singer, Inc., Arnold T. Phillips, Jr., Madigan, Hadican & Maloney, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, J. Brendan Ryan, Circuit Atty., James A. Darst, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


DOWD, Chief Judge.

Defendant was charged with three counts of assault with intent to kill with malice aforethought. The three charges against the defendant were based on his alleged participation in two gun battles with police in which Police Officers Boaz, Tinnell and Archambault were shot at. The jury found him guilty on all three counts and he was sentenced to twenty (20) years imprisonment on each count, said terms to run concurrently. Defendant appealed.

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