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STATE v. MAGGITT

No. 58744.

517 S.W.2d 105 (1974)

STATE of Missouri, Respondent, v. Guss MAGGITT, Appellant.

Supreme Court of Missouri, En Banc.

December 16, 1974.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., William F. Arnet, Asst. Atty. Gen., Jefferson City, for respondent.

John H. Marshall, Public Defender 22nd Judicial Circuit, St. Louis, for appellant.

HENLEY, Judge.

Guss Maggitt (defendant), charged with first degree murder, was found guilty by a jury of second degree murder and, the jury being unable to agree on his punishment, the court assessed punishment and sentenced him to imprisonment for 40 years. He appealed from that judgment to the court of appeals, St. Louis district. That court reversed and remanded in an opinion which tacitly recognized that its decision failed to follow decisions binding on it.

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