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STATE v. BYRNE

No. 39549.

595 S.W.2d 301 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Lawrence Wayne BYRNE, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied February 15, 1980.

Application to Transfer Denied April 8, 1980.

Attorney(s) appearing for the Case

William J. Shaw, Public Defender, Daniel L. McCleave, Robert A. Cosentino and Frank Anzalone, Asst. Public Defenders, Clayton, for defendant-appellant.

Jerrold H. Chapnick, Asst. Pros. Atty., Carondelet, George R. Westfall, Pros. Atty., Clayton, John Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 15, 1980.

PUDLOWSKI, Judge.

Defendant appeals a jury conviction of murder in the first degree, attempted robbery first degree, armed criminal action, and assault with intent to kill with malice. Because the Second Offender Act, § 556.280, RSMo 1969, was applicable the court sentenced defendant. Punishment was assessed at life imprisonment for murder in the first degree, five years for...

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