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STATE v. THOMAS

No. 61665.

596 S.W.2d 409 (1980)

STATE of Missouri, Respondent, v. David DeWaine THOMAS, Appellant.

Supreme Court of Missouri, En Banc.

As Modified On Motion On Rehearing Denied April 8, 1980.

Attorney(s) appearing for the Case

Chris Hoberock, on appeal, Ewing, Ewing, Carter, McBeth & Smith, Ray N. Fowler, Nevada, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Mary C. P. Pincus, Asst. Attys. Gen., Jefferson City, for respondent.

As Modified On Court's Own Motion On Rehearing Denied April 8, 1980.

HIGGINS, Judge.

David DeWaine Thomas was convicted by a jury of first degree murder committed while in the perpetration of robbery, § 559.007, Laws 1975, and his punishment was fixed at life imprisonment. Defendant waived his right to file a motion for new trial, and judgment was entered pursuant to the verdict. Defendant was granted leave to file notice of appeal out of time by the...

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