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STATE v. JOHNSON

No. 10547.

579 S.W.2d 771 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Thomas Edwin JOHNSON, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied April 19, 1979.

Application to Transfer Denied May 17, 1979.

Attorney(s) appearing for the Case

Michael Baker, Springfield, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Stanley Robinson, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before FLANIGAN, P. J., TITUS, J., and MOORE, KENNEDY, PYLE and CAMPBELL, Special Judges.

WELDON W. MOORE, Special Judge.

This is an appeal from a judgment and sentence of life imprisonment, upon a jury verdict of guilty of first degree murder.

The facts of the offense are singularly free of complication and dispute. In the late afternoon of May 12, 1968, the defendant shot the decedent Woods through the head with a .22 caliber rifle. The decedent Woods was emerging from the door of his quarters in the Rainbow Gardens Motel in

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