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STATE v. SPRAKE

No. WD 32369.

637 S.W.2d 724 (1982)

STATE of Missouri, Respondent, v. David L. SPRAKE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied August 3, 1982.

Attorney(s) appearing for the Case

William E. Shull, Kearney, for appellant.

John Ashcroft, Atty. Gen., William K. Haas, Asst. Atty. Gen., Jefferson City, for respondent.

Before CLARK, P. J., and MANFORD and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied August 3, 1982.

CLARK, Presiding Judge.

David L. Sprake was jury tried and convicted of murder in the second degree on a felony information filed February 5, 1980.1 He was sentenced to a term of 35 years imprisonment and he now appeals contending: (1) Jury instruction on the defense of justifiable use of force...

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