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STATE v. TONEY

No. KCD 26815.

537 S.W.2d 586 (1976)

STATE of Missouri, Respondent, v. Robert Lucious TONEY, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied June 1, 1976.

Attorney(s) appearing for the Case

Frank A. Anzalone, Asst. Public Defender, 21st Judicial Circuit, Clayton, for appellant.

John C. Danforth, Atty. Gen., W. Mitchell Elliott, Asst. Atty. Gen., Jefferson City, for respondent.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

ROBERT R. WELBORN, Special Judge.

By a six-count indictment in the St. Louis County Circuit Court, Robert Lucious Toney was charged as follows:

Counts I and II—Murder in the first degree. Counts III and IV—Assault with intent to kill with malice. Counts V and VI—Robbery in the first degree with a deadly weapon.

On a jury trial in the Boone County Circuit Court on change of venue from St. Louis County, the...

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