STATE v. JOHNSON

No. 61612.

606 S.W.2d 624 (1980)

STATE of Missouri, Respondent, v. Cornelius JOHNSON, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied November 12, 1980.


Attorney(s) appearing for the Case

Lee M. Nation, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.


MORGAN, Judge.

On April 24, 1978, appellant was tried to a jury on two counts of capital murder and one of assault with intent to kill with malice aforethought and was found guilty on each count.

The Western District of the Court of Appeals reversed the capital murder convictions, generally, for alleged instructional errors and affirmed the conviction and sentence for the assault. Motions for Rehearing were overruled; but, thereafter, the cause was transferred...

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