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STATE v. PHILLIPS

No. 60896.

583 S.W.2d 526 (1979)

STATE of Missouri, Respondent, v. Archie Lee PHILLIPS, Appellant.

Supreme Court of Missouri, En Banc.

June 29, 1979.

Attorney(s) appearing for the Case

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

John D. Ashcroft, Atty. Gen., Michael Elbein, Asst. Atty. Gen., Jefferson City, for respondent.

MORGAN, Chief Justice.

This case was transferred after opinion by the then St. Louis Court of Appeals, and we now consider the same as on original appeal.

Archie Lee Phillips was found guilty of murder second degree by a jury and punishment was assessed at 35 years by the trial court. In order to reach its verdict, the jury had to have found that the victim, Pierre Walker, died as a result of a shoot-out between...

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