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STATE v. SPIVEY

No. 48000.

710 S.W.2d 295 (1986)

STATE of Missouri, Plaintiff-Respondent, v. Wallace SPIVEY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied April 29, 1986.

Application to Transfer Denied June 17, 1986.

Attorney(s) appearing for the Case

Dave Hemingway and Kathryn Shubik, St. Louis, for defendant-appellant.

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

SNYDER, Judge.

Wallace Spivey, a pre-lingually deaf person, appeals from a judgment convicting him of capital murder in violation of Sec. 565.001 RSMo. 1978 (repealed 1983) and Sec. 565.006 RSMo. 1978 (Cum.Supp.1982, repealed 1983). A jury found appellant guilty and imposed a sentence of life imprisonment without probation or parole for fifty years. Appellant correctly argued that inadmissible evidence of past criminal acts prejudiced his trial. The judgment is reversed...

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