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DURLEY v. STATE

No. 13763.

685 S.W.2d 284 (1985)

Charles Eugene DURLEY, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

January 30, 1985.

Attorney(s) appearing for the Case

Jon VanArkel, Asst. Public Defender, Springfield, for movant-appellant.

John D. Ashcroft, Atty. Gen., Gary L. Gardner, Asst. Atty. Gen., Jefferson City, for respondent.

GREENE, Judge.

Movant, Charles Eugene Durley, was jury-convicted of manslaughter by culpable negligence, § 565.005,1 for the shooting death of his live-in girl friend, which shooting occurred as the result of Durley's negligence in handling a gun. The jury recommended a fine of $1,000 and a one-year sentence in the county jail. The trial court found Durley to be a persistent offender, § 558.016, as charged in an amended information...

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