STATE v. SHELBY

No. 63240.

634 S.W.2d 481 (1982)

STATE of Missouri, Respondent, v. James H. SHELBY, Appellant.

Supreme Court of Missouri, Division No. 1.

June 14, 1982.


Attorney(s) appearing for the Case

Gary Gardner, Asst. Public Defender, Kansas City, for appellant.

Theodore A. Bruce, Asst. Atty. Gen., Jefferson City, for respondent.


BYRON L. KINDER, Special Judge.

Approximately at 5:30 p. m. on December 6, 1979, two black men were observed chasing a white man in the 1300 block of East 37th Street in Kansas City, Missouri. The two black men caught up with the white man and began to beat him. The victim was heard to say, "Don't hurt me. I will give it to you." A shot was heard. One of the black men was seen going through the pockets of the victim. The police arrived on the scene, and the victim...

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