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STATE v. BUTLER

No. 35696.

512 S.W.2d 466 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Jerome Benjamin BUTLER, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division 1.

July 30, 1974.

Attorney(s) appearing for the Case

Heneghan & Roberts, Kemper R. Coffelt, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, Allan D. Seidel, Asst. Atty. Gen., Brendan Ryan, Circuit Atty., St. Louis, for plaintiff-respondent.

WEIER, Judge.

From a conviction of second degree murder and a sentence by the court to life imprisonment under the Second Offender Act, defendant appeals. Because of improper comment by the assistant circuit attorney, we reverse and remand for new trial.

On appeal, the defendant does not question the sufficiency of the evidence. The brutal facts of the killing briefly stated were that on the evening of December...

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