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STATE v. RICKEY

No. 13150.

658 S.W.2d 951 (1983)

STATE of Missouri, Plaintiff-Respondent, v. Marvin R. RICKEY, Jr., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

September 29, 1983.

Attorney(s) appearing for the Case

Cenebio Lozano, Jr., Leonard L. Smith, Harrisonville, for defendant-appellant.

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

MAUS, Presiding Judge.

Marvin Rickey was charged with the capital murder of L.N. At the opening of his trial, the state waived the death penalty. A jury found he was guilty. He was sentenced accordingly. He presents three points on appeal.

At about 1:00 a.m. on September 14, 1980 a friend was driving past the home of the victim. He thought the victim was on a vacation. For this reason, when he saw the garage door...

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