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STATE v. MILLER

No. 13368.

714 S.W.2d 815 (1986)

STATE of Missouri, Plaintiff-Respondent, v. Verdia MILLER, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied July 21, 1986.

Application to Transfer Denied September 16, 1986.

Attorney(s) appearing for the Case

T. Patrick Deaton, Public Defender, James D. McNabb, Asst. Public Defender, Springfield, for defendant-appellant.

John Ashcroft, Atty. Gen., Thomas Carter, II, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

HOGAN, Presiding Judge.

A jury has found defendant Verdia Miller guilty of capital murder as defined by § 565.001, RSMo 1978, now repealed. Her punishment was assessed at imprisonment for and during the term of her natural life, as authorized by former § 565.008.1. The defendant appeals.

On October 20, 1978, one Larry Dean Smiddy was shot to death in Newton County. Shortly before he was killed, Smiddy had gone to the defendant's residence in the...

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