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STATE v. CHARLES

No. 35774.

525 S.W.2d 360 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Joseph Walter CHARLES, Defendant-Appellant.

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

June 17, 1975.

Attorney(s) appearing for the Case

Charles D. Kitchin, Public Defender, John F. Bauer, James C. Jones, Asst. Public Defender, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., K. Preston Dean, II, Donald R. Bird, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., J. Paul Allred, Jr., Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

DOWD, Judge.

Murder prosecution. Defendant was convicted by a jury of murder in the second degree and sentenced to 15 years imprisonment under the Second Offender Act (Section 556.280 RSMo 1969, V.A.M.S.). Defendant appeals.

The state's case in chief was made by the testimony of one Elverd Callwell, and is as follows: At approximately 10:30 a. m., February 3, 1973, a drinking spree began at the Callwell home, in St. Louis, Missouri.

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