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STATE v. HUFFMAN

No. 41076.

607 S.W.2d 702 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Melvin HUFFMAN, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied October 17, 1980.

Application to Transfer Denied December 15, 1980.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Mary Louise Moran, Asst. Public Defender, St. Louis, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, George Peach, Circuit Atty., St. Louis, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 17, 1980.

WEIER, Judge.

Defendant Melvin Huffman after a trial before a jury on a charge of capital murder was found guilty of second degree murder and his punishment was assessed by the jury at forty years imprisonment. The death of the victim occurred on July 30, 1977. After a day engaged principally in drinking at taverns, Huffman and his friend Michael Ford picked up a hitchhiker in the...

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