STATE v. LAWRENCE

No. 39288.

569 S.W.2d 263 (1978)

STATE of Missouri, Respondent, v. James Phillip LAWRENCE, Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing and/or Transfer Denied July 14, 1978.

Application to Transfer Denied September 12, 1978.


Attorney(s) appearing for the Case

London, Greenberg & Fleming, Lawrence J. Fleming, Thomas F. Flynn, St. Louis, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., Thomas E. Dittmeier, St. Louis, for respondent.


SMITH, Judge.

Defendant appeals from his conviction by a jury of manslaughter and assault with intent to kill without malice and the resultant two year consecutive terms of imprisonment. We affirm.

On appeal defendant challenges a portion of the closing argument of the state and the failure of the trial court to give a defense of habitation instruction. Daniel Loehr and Laird McLane were at McLane's house around midnight on August 20, 1976. They were drinking...

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