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DAUGHERTY-BEY v. STATE

No. 51053.

726 S.W.2d 413 (1987)

Andrew DAUGHERTY-BEY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied March 4, 1987.

Application to Transfer Denied April 14, 1987.

Attorney(s) appearing for the Case

Dave Hemingway, St. Louis, for appellant.

William L. Webster, Atty. Gen., Elizabeth A. Levin, Asst. Atty. Gen., Jefferson City, for respondent.

CRANDALL, Judge.

Movant, Andrew Daugherty-Bey, was charged with capital murder, § 565.001 RSMo (1978) (repealed), for the murder of Father Edward Filipiak, a 79 year old Roman Catholic priest (victim), on September 29, 1979. Movant was convicted, after a jury trial, of murder in the first degree, § 565.003 RSMo (1978) (repealed); and was sentenced to life imprisonment. His conviction was affirmed on direct appeal. State v. Daugherty,

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