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STATE v. GIBSON

Nos. 9965, 9966.

540 S.W.2d 952 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Junior Ernest GIBSON, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or Transfer Denied September 1, 1976.

Application to Transfer Denied October 12, 1976.

Attorney(s) appearing for the Case

Norman S. London, Lawrence J. Fleming, London & Greenberg, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Charles L. Howard, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before HOGAN, P. J., FLANIGAN, J., and CAMPBELL and PYLE, Special Judges.

FLANIGAN, Judge.

Appellant Junior Ernest Gibson was charged with murder in the second degree (§ 559.020 V.A.M.S.) of Buster Harrison Farrell and with murder in the second degree of Bobbie Gene Hopkins. Both slayings took place on May 18, 1970. By stipulation of the parties the two cases were tried together before a jury. The jury found appellant guilty of the second degree murder of Hopkins. On the charge pertaining to the victim Farrell, the jury found

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