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STATE v. ATKINS

No. 37176.

545 S.W.2d 656 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Scott ATKINS, Defendant-Appellant.

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

November 30, 1976.

Attorney(s) appearing for the Case

Graham W. LaBeaume, Huck, Kasten & LaBeaume, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, W. Mitchell Elliott, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Henry J. Fredericks, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

STEWART, Judge.

Scott Atkins was convicted by a jury of murder in the second degree. Punishment was assessed by the court at forty years imprisonment because the jury was unable to agree upon the punishment. On this appeal we affirm the judgment of the trial court.

Defendant urges that it was error on the part of the trial court to (1) overrule his objection to the testimony of Detective DeVere to the effect that witness Earl Scott had viewed a line-up which...

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