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STATE v. SPIVEY

No. 67248.

700 S.W.2d 812 (1985)

STATE of Missouri, Respondent, v. Wallace SPIVEY, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 17, 1985.

Attorney(s) appearing for the Case

Kathryn Shubik, Dave Hemingway, St. Louis, for appellant.

William L. Webster, Atty. Gen., Michael H. Finkelstein, Asst. Atty. Gen., Jefferson City, for respondent.

BLACKMAR, Judge.

The defendant, a pre-lingually deaf person, was found guilty of capital murder of another pre-lingually deaf person, and was sentenced to life imprisonment without possibility of probation or parole for fifty years. He appealed to the Court of Appeals, Eastern District, alleging five points of error. His first point reads as follows:

The trial court erred when it denied appellant's motion to quash the indictment and when it denied appellant...

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