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STATE v. McMILLIAN

No. 58610.

514 S.W.2d 528 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Jerry Lee McMILLIAN, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

October 14, 1974.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Mark D. Mittleman, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Donald L. Schlapprizzi, St. Louis, for defendant-appellant.

HENLEY, Judge.

Jerry Lee McMillian (defendant), charged by indictment with murder, second degree, of Richard Johnson on October 31, 1971, was tried by a jury, found guilty of manslaughter, and his punishment assessed at imprisonment for 10 years. From the judgment sentencing him in accordance with this verdict, he appealed to the Missouri Court of Appeals, St. Louis District. On recommendation of that court we ordered the case transferred here before opinion pursuant...

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