STATE v. TOLLIVER

No. KCD 28983.

562 S.W.2d 714 (1978)

STATE of Missouri, Respondent, v. Terry TOLLIVER, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied February 27, 1978.

Application to Transfer Denied April 10, 1978.


Attorney(s) appearing for the Case

Joe Hamilton Scott, Public Defender, St. Joseph, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P. J., and WELBORN and HIGGINS, Special Judges.


SHANGLER, Presiding Judge.

The defendant was convicted on two counts of felonious assault with malice aforethought upon the Erganians, husband and wife, and was sentenced to consecutive terms of twelve and twenty-five years imprisonment.

The victims testified they were shot in a robbery attempted against them as they closed their grocery store on the night of January 1, 1976. The assailant was masked and so neither was able to make identification. They did...

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