DUNCAN v. STATE

No. 40065.

585 S.W.2d 229 (1979)

Felix W. DUNCAN, Jr., Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

July 17, 1979.


Attorney(s) appearing for the Case

William E. Albrecht, Clayton, for movant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Kristie Green, Katherine Marie Kraus, Asst. Attys. Gen., Jefferson City, George Peach, Circuit Atty., Richard L. Poehling, Asst. Circuit Atty., St. Louis, for respondent.


CRIST, Judge.

Denial of a Rule 27.26 motion to vacate conviction. This appeal arises out of the conviction of movant of second-degree murder. Movant was originally charged with first-degree murder. The trial court held the state had not made a submissible case on the first-degree murder charge. It submitted the case to the jury on second-degree murder and manslaughter instructions. Movant was convicted by a jury of second-degree murder and sentenced to twenty years...

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