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  5. 520 S.W.2d 99 (1975)
 

STATE v. OLIVER

No. 9663.

520 S.W.2d 99 (1975)

STATE of Missouri, Plaintiff-Respondent, v. William C. OLIVER, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or To Transfer Denied February 5, 1975.

Application to Transfer Denied April 14, 1975.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Scott A. Raisher, Robert M. Sommers, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

J. Martin Hadican, Madigan, Hadican & Maloney, St. Louis, for defendant-appellant.

Before BILLINGS, C. J., and TITUS and FLANIGAN, JJ.

Motion for Rehearing or To Transfer to the Supreme Court of Missouri Denied February 5, 1975.

TITUS, Judge.

An indictment filed in the Circuit Court of Franklin County charged defendant with murder in the first degree. The cause reached our bailiwick upon a change of venue to Phelps County where a jury found defendant guilty of murder in the second degree and assessed his punishment at 25 years' imprisonment. He appealed. We reverse and remand.

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