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STATE v. O'NEAL

No. 62075.

618 S.W.2d 31 (1981)

STATE of Missouri, Respondent, v. Robert Earl O'NEAL, Jr., Appellant.

Supreme Court of Missouri, Division No. Two.

Rehearing Denied July 14, 1981.

Attorney(s) appearing for the Case

Robert W. Stillings, Springfield, for appellant.

John Ashcroft, Atty. Gen., Jerry Short, Asst. Atty. Gen., Jefferson City, for respondent.

STOCKARD, Commissioner.

Robert Earl O'Neal, Jr., appellant herein, was charged with murder in the first degree (a killing in the perpetration of burglary), § 565.003 (all statutory references are to RSMo 1978), and armed criminal action (stealing a firearm, § 570.030.2(3)(d) committed separate and apart from the burglary, by use of a dangerous or deadly weapon) RSMo 571.015, both offenses arising out of an occurrence near Strafford, Missouri, involving appellant...

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