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STATE v. SIMMS

No. KCD 30598.

602 S.W.2d 760 (1980)

STATE of Missouri, Respondent, v. David G. SIMMS, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to July 8, 1980.

Application to Transfer Denied September 9, 1980.

Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Gary L. Gardner, Kevin R. Locke, Asst. Public Defenders, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Bruce E. Anderson, Asst. Atty. Gen., Jefferson City, for respondent.

Before KENNEDY, P. J., and PRITCHARD and SWOFFORD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 8, 1980.

SWOFFORD, Judge.

The appellant, David G. Simms (defendant), was charged and tried for Murder, Second Degree, arising from the death by shooting of Vernon Gipson. He was found guilty by the jury and sentenced to 15 years in the custody of the Missouri Division of Corrections. After an unavailing motion for a new trial, the defendant timely appealed and here asserts a single point of...

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