STATE v. TALBERT

No. 35898.

524 S.W.2d 59 (1975)

STATE of Missouri, Respondent, v. Arthur Gene TALBERT, Appellant.

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

May 20, 1975.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., K. Preston Dean, II, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Paul Allred, Jr., Asst. Circuit Atty., Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for respondent.

Charles D. Kitchin, Public Defender, John F. Bauer, Asst. Public Defender, St. Louis, for appellant.


CLEMENS, Presiding Judge.

A jury convicted defendant Arthur Talbert of felonious assault by shooting Michael Turner, a fourteen-year-old neighbor. After deliberating four hours the jury returned a guilty verdict, and the trial court sentenced defendant to 15 years' imprisonment. On appeal, the crucial issue is whether there was substantial evidence defendant fired the shot that lodged a bullet in the victim's back.

The State's evidence: Defendant and Michael...

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