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IN RE BROWN

No. 58399.

518 S.W.2d 289 (1975)

In the Matter of Velma B. BROWN, alleged incompetent, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied February 10, 1975.

Attorney(s) appearing for the Case

Spencer, Scott & Dwyer, John W. Scott, Grant W. Scott, Joplin, and Woolsey, Fisher, Clark, Whiteaker & Stenger, Harold J. Fisher, David L. Smith, Springfield, for respondent.

Arch M. Skelton and Edmund C. Forehand, Skelton & Forehand, Springfield and George M. Flanigan and Laurence H. Flanigan, McReynolds, Flanigan & Flanigan, Carthage, for appellant.

Motion for Rehearing or to Transfer to Court en Banc Denied February 10, 1975.

STOCKARD, Commissioner.

An incompetency proceeding instituted against Velma B. Brown, appellant, was tried before a jury in the Circuit Court of Jasper County and resulted in a unanimous verdict that appellant was competent. The trial court granted a new trial on the nondiscretionary ground that "Instruction Number 3 given by the Court is [an] improper statement of the law and that...

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