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ROBINSON v. WYRICK

No. 83-1595.

735 F.2d 1091 (1984)

McKinley ROBINSON, Appellant, v. Donald WYRICK, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1984.

Rehearing Denied June 28, 1984.

Attorney(s) appearing for the Case

Alan J. Agathen, Clayton, Mo., for appellant.

John Ashcroft, Atty. Gen., George Cox, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before ROSS, ARNOLD and BOWMAN, Circuit Judges.

ROSS, Circuit Judge.

I. Procedural Posture

Appellant McKinley Robinson was indicted for the first degree murder of Harry Shelton, Jr., and for the assault of Police Officer Richard Nagel with a deadly weapon with intent to kill. The indictment was issued on February 4, 1977. After a three-day trial in Missouri circuit court the jury returned a verdict of guilty on the assault charge, but was unable to reach a verdict on the murder charge, so a mistrial was...

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