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STATE v. CLIFTON

No. 37022.

549 S.W.2d 891 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Elbert CLIFTON, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District.

Motion for Rehearing or Transfer Denied April 15, 1977.

Application to Transfer May 10, 1977.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Cornelius T. Lane, Jr., Asst. Public Defender, St. Louis, for defendant-appellant.

Preston Dean, David L. Baylard, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Henry J. Fredericks, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

PER CURIAM.

Appellant, Elbert Clifton, was found guilty by a jury in the Circuit Court of the City of St. Louis of Murder in the Second Degree, § 559.020 RSMo. 1969, but the jury could not agree on the sentence, and the trial court sentenced him to fifty years in the custody of the Missouri Department of Corrections. §§ 559.030 and 550.090(3) RSMo. 1969. He appeals.

No challenge is made to the sufficiency of the evidence to support the jury...

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