STATE v. CLARK

No. 44035.

643 S.W.2d 55 (1982)

STATE of Missouri, Respondent, v. Donald CLARK, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied November 19, 1982.

Application to Transfer Denied January 17, 1983.


Attorney(s) appearing for the Case

Joseph W. Downey, Joseph Webb, Mary K. Wefelmeyer, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George A. Peach, St. Louis, for respondent.


CRIST, Judge.

Defendant was tried and convicted of two counts of murder in the second degree by a jury which was unable to agree upon punishment. The trial court sentenced him to two consecutive terms of twenty-five years imprisonment. We affirm.

Jack Evans and Odell Hardy were sitting in defendant's backyard while he was barbecuing. Kay Hardy, Odell's wife, was nearby in Odell's and her neighboring yard. Defendant told Kay that he liked her, but he did not...

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