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STATE v. HOLLIS

No. KCD 29582.

584 S.W.2d 137 (1979)

STATE of Missouri, Respondent, v. Gerald HOLLIS, Appellant.

Missouri Court of Appeals, Western District.

June 29, 1979.

Attorney(s) appearing for the Case

Philip H. Schwarz, McMullin, Wilson & Schwarz, Kansas City, for appellant.

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

Before SHANGLER, P. J., SWOFFORD, C. J., and WASSERSTROM, J.

SWOFFORD, Chief Judge.

The appellant (defendant) was convicted of murder in the second degree by jury verdict and he was sentenced to 99 years and 1 day in the Missouri Department of Corrections and this appeal followed in due course.

The facts appearing from the record pertinent to the issues on this appeal may be thus summarized:

In the early morning hours of July 26, 1975, Mrs. Lelia M. Neely returned...

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