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STATE v. JIMMERSON

No. 13120.

660 S.W.2d 475 (1983)

STATE of Missouri, Plaintiff-Respondent, v. Danny S. JIMMERSON, a/k/a Danny Price, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

November 3, 1983.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

David M. Strauss, Public Defender, Larry M. Schumaker (appearing under Supreme Court Rule 13), Columbia, for defendant-appellant.

PREWITT, Judge.

Defendant was convicted of capital murder, § 565.001, RSMo 1978, and sentenced to life imprisonment as provided in § 565.008.1, RSMo 1978. Prior to trial the state announced it would not seek the death penalty.

Defendant was charged with killing a clerk of a store in Sikeston following a robbery. The clerk was taken from the store by two black men and shot near a country road. No challenge is made as to the sufficiency of the evidence...

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