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STATE v. MORRIS

No. 12879.

662 S.W.2d 884 (1983)

STATE of Missouri, Respondent, v. Charles MORRIS, Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and to Transfer Denied December 23, 1983.

Application to Transfer Denied January 17, 1984.

Attorney(s) appearing for the Case

Frank V. DiMaggio, Asst. Public Defender, Judicial Circuit 31, Springfield, for appellant.

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

Motion for Rehearing and to Transfer to Supreme Court Denied December 23, 1983.

CROW, Judge.

Charles Morris ("defendant"), tried by jury for capital murder, § 565.001, RSMo 1978, was found guilty of murder in the second degree, § 565.004, RSMo 1978. The jury assessed punishment at 50 years' imprisonment, § 565.008.2, RSMo 1978, and the trial court imposed that sentence.

Defendant appeals, alleging juror misconduct, instructional error...

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