STATE v. POWELL

No. WD 31773.

630 S.W.2d 168 (1982)

STATE of Missouri, Respondent, v. Christopher D. POWELL, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied February 23, 1982.

Application to Transfer Denied April 13, 1982.


Attorney(s) appearing for the Case

James W. Fletcher, Public Defender, Gary L. Gardner, Asst. Public Defender, Kansas City, for appellant.

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

Before KENNEDY, P. J., and SHANGLER and SOMERVILLE, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied February 23, 1982.

SOMERVILLE, Chief Judge.

On December 2, 1977, a two count indictment was returned against defendant. Count I charged defendant with murder in the second degree (Section 559.020, RSMo 1969), and named his wife, Rhonda Powell, as the victim; Count II charged defendant with assault with intent to kill with malice aforethought (Section 559.180, RSMo 1969), and named Rosalyn...

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