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STATE v. BARNHART

No. 40567.

587 S.W.2d 308 (1979)

STATE of Missouri, Respondent, v. Frank BARNHART, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

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

Attorney(s) appearing for the Case

E. Rex Bradley, Louisiana, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Peter Sadowski, Asst. Attys. Gen., Jefferson City, William C. McIlroy, Pros. Atty., Pike County, Bowling Green, for respondent.

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

CRIST, Judge.

Defendant was charged with the capital murder of his wife at the family home in Clarksville, Missouri on June 18, 1977. A jury found him guilty of manslaughter and affixed punishment at eight years. We affirm.

By stipulation, it was agreed the death of the wife was caused by shots fired from a 12-gauge shotgun discharged by the defendant. However, the state...

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