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STATE v. STONE

No. 14690.

731 S.W.2d 466 (1987)

STATE of Missouri, Plaintiff-Respondent, v. Richard Tilden STONE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied June 2, 1987.

Application to Transfer Denied July 14, 1987.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Carrie Francke, Sp. Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

M. Elise Branyan, Springfield, for defendant-appellant.

Motion for Rehearing or to Transfer to Supreme Court Denied June 2, 1987.

GREENE, Presiding Judge.

Defendant, Richard Tilden Stone, was charged by indictment with the crimes of murder in the second degree, § 565.021.1(2), and robbery in the second degree, § 569.030.

The state's theory was that Stone and an accomplice, on November 9, 1984, while in the process of a robbery during which they used force by striking and/or suffocating David Denny...

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