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STATE v. MULLEN

No. 35657.

532 S.W.2d 794 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Carl MULLEN, Defendant-Appellant.

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

Motion for Rehearing or Transfer Denied January 23, 1976.

Application to Transfer Denied March 8, 1976.

Attorney(s) appearing for the Case

Kevin M. O'Keefe, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Clarence Thomas, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Nels C. Moss, Jr., Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

STEWART, Judge.

A jury found defendant guilty of murder in the first degree and assessed his punishment at life imprisonment. It also found him guilty of robbery in the first degree by means of a dangerous and deadly weapon, but was unable to agree upon the punishment. The court assessed the punishment at 25 years imprisonment on the latter count, the sentences to run consecutively.

Defendant assigns error in the giving of an instruction with respect to felony...

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