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STATE v. BATTLE

No. 39473.

588 S.W.2d 65 (1979)

STATE of Missouri, Respondent, v. Edward BATTLE, Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

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

Application to Transfer Denied November 14, 1979.

Attorney(s) appearing for the Case

William J. Shaw, Public Defender, Patrick M. Sanders, Asst. Public Defender, S. Gerald Miller, Clayton, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Bruce E. Anderson, Asst. Attys. Gen., Jefferson City, George R. Westfall, Pros. Atty., Clayton, for respondent.

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

DOWD, Presiding Judge.

Edward Battle was convicted by a jury in St. Louis County of second degree murder and first degree robbery and sentenced to life imprisonment on each count. The sentences are to be served consecutively. Battle appeals.

On the snowy morning of January 7, 1976, Officer Fred Marquard of the University City Police Department observed the appellant walking...

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