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BOOTHE v. STATE

No. KCD27736.

534 S.W.2d 74 (1976)

Raymond J. BOOTHE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied March 3, 1976.

Attorney(s) appearing for the Case

Lawrence F. Gepford, Jeffery L. Alena, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P. J., and SWOFFORD and SOMERVILLE, JJ.

SHANGLER, Presiding Judge.

This appeal is from a denial of a motion to vacate judgment and sentence under Rule 27.26. The defendant was accused by separate indictments with two acts of first degree murder. The indictments were in conventional form and clearly sufficient. On the motion of the defendant the two causes were consolidated for trial, but over his objection the indictments were amended by the phrases: "or during the commission of a burglary" and "either...

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