STATE v. ANTWINE

No. 57755.

506 S.W.2d 397 (1974)

STATE of Missouri, Respondent, v. James E. ANTWINE, Appellant.

Supreme Court of Missouri, Division No. 2.

Rehearing Denied March 11, 1974.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Stephen D. Hoyne, Asst. Atty. Gen., Jefferson City, for respondent.

B. William Jacob, The Legal Aid and Defender Society of Greater Kansas City, Kansas City, for appellant; Paul T. Miller, Executive Director, Willard B. Bunch, Chief Defender, Kansas City, of counsel.


STOCKARD, Commissioner.

Appellant was found guilty by a jury of murder in the first degree and sentenced to life imprisonment. Notice of appeal was filed prior to April 9, 1973, and pursuant to an order of this court as of that date appellate jurisdiction is in this court. We reverse and remand.

The sufficiency of the evidence is not challenged. A jury reasonably could find that on May 8, 1971, while engaged in a robbery, appellant shot and killed Bob Kennedy...

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