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STATE v. HODGES

No. 38758.

586 S.W.2d 420 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Bobbie Joe HODGES, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied September 17, 1979.

Application to Transfer Denied October 10, 1979.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Terry Burnet, Asst. Public Defender, Cynthia S. Holmes, Special Asst. Public Defender, St. Louis, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Steven Scott Clark, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 17, 1979.

SNYDER, Presiding Judge.

Defendant appeals from a judgment of conviction of second degree murder and a sentence of forty years in the Missouri Department of Corrections.

Appellant contends the trial court erred in: (1) failing to grant appellant's motion for a mistrial when the state in its opening statement said that appellant was given his Miranda

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