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STATE v. MITCHELL

No. 61839.

611 S.W.2d 223 (1981)

STATE of Missouri, Respondent, v. Johnny MITCHELL, Appellant.

Supreme Court of Missouri, En Banc.

February 9, 1981.

Attorney(s) appearing for the Case

Blair Buckley, Jr., Public Defender, Caruthersville, for appellant.

John Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

WELLIVER, Judge.

Appellant was convicted of two counts of capital murder, § 565.001, RSMo 1978. Punishment was fixed at two consecutive terms of life imprisonment without eligibility for parole for fifty years. Appellant contends the trial court erred (1) by authorizing the jury to find appellant guilty of capital murder if it found that defendant "or another" committed the offense; (2) by overruling appellant's objection to the prosecutor's characterization...

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