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STATE v. FRANCIS

No. KCD 28322, KCD 28324.

544 S.W.2d 306 (1976)

STATE of Missouri, Respondent, v. John FRANCIS, Appellant.

Missouri Court of Appeals, Kansas City District.

Application to Transfer Denied March 14, 1977.

Attorney(s) appearing for the Case

J. Arnot Hill, Hill & Gamm, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Robert M. Sommers, Asst. Atty. Gen., Jefferson City, for respondent.

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

SWOFFORD, Judge.

The appellant (hereafter defendant) was charged in separate indictments with Murder First Degree and with Robbery First Degree, arising from the death by gunshot of Russell Mestdagh, a member of the Kansas City, Missouri police department, during the course of an armed robbery of Traxler's Pharmacy, 59th and Holmes, Kansas City, Missouri, on January 2, 1975.

The separate indictments were consolidated for trial by agreement of the defense and...

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