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STATE v. GIANNICO

No. 63089.

642 S.W.2d 651 (1982)

STATE of Missouri, Respondent, v. David GIANNICO, Appellant.

Supreme Court of Missouri, En Banc.

December 13, 1982.

Attorney(s) appearing for the Case

Mark D. Johnson, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jay Haden, Asst. Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

RENDLEN, Judge.

Indicted for murder, second degree, (§ 559.020, RSMo 1969), defendant was convicted by the jury of manslaughter and sentenced to a term of ten years with the Department of Corrections. Affirmed in the Missouri Court of Appeals, Western District, the cause was brought here and by opinion in Division the conviction was again affirmed. Thereafter the cause was transferred to the Court en Banc where it has been reviewed as though on original appeal...

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