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STATE v. SMITH

No. WD 32325.

639 S.W.2d 215 (1982)

STATE of Missouri, Respondent, v. Charles S. SMITH, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied August 31, 1982.

Application to Transfer Denied October 18, 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 NUGENT, P. J., and TURNAGE and LOWENSTEIN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied August 31, 1982.

TURNAGE, Judge.

Charles S. Smith was found guilty by a jury of second degree murder.1 The jury assessed punishment at 210 years imprisonment and the court pronounced sentence for the same term.

On this appeal Smith contends he should have been allowed to argue to the jury that he volunteered to take a lie detector test and that his...

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