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STATE v. NEVELS

No. KCD29569.

571 S.W.2d 736 (1978)

STATE of Missouri, Plaintiff-Respondent, v. Leon NEVELS, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied October 10, 1978.

Application to Transfer Denied November 6, 1978.

Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Kevin R. Locke, Asst. Public Defender, Galen Mussman, Certified Law Intern, Kansas City, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Jeff W. Schaeperkoetter, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.

DIXON, Judge.

Defendant appeals from a conviction for second degree murder and for assault with malice. The offenses were charged as separate counts in a single indictment. Both were tried to a single jury which agreed on guilt as to Count II involving the assault but were unable to agree on punishment. That jury could not agree on guilt as to Count I. Count I was retried almost immediately to another jury which found defendant guilty and assessed punishment at thirty...

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