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STATE v. KINDER

No. 34580.

496 S.W.2d 335 (1973)

STATE of Missouri, Plaintiff-Respondent, v. Elmer Charles KINDER, Defendant-Appellant.

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

June 5, 1973.

Attorney(s) appearing for the Case

Limbaugh, Limbaugh & Russell, Stephen N. Limbaugh, Cape Girardeau, for defendant-appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Daniel P. Card, II, Jefferson City, Dennis C. Brewer, Perryville, Stanley G. Murphy, Pros. Attys., Farmington, for plaintiff-respondent.

KELLY, Judge.

This appeal is from a conviction of manslaughter after a jury trial. The jury was unable to agree on the punishment, and the Court imposed a sentence of five years in the custody of the Missouri Department of Corrections.

On appeal the appellant contends that the trial court committed error in the following respects:

1. in allowing a Missouri State Highway Trooper to testify as a ballistics expert and render an opinion that a bullet...

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