STATE v. BOYLAND

No. 50853.

728 S.W.2d 583 (1987)

STATE of Missouri, Respondent, v. Glen BOYLAND, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied April 9, 1987.

Application to Transfer Denied May 19, 1987.


Attorney(s) appearing for the Case

Kathleen Murphy Markie, Columbia, for appellant.

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


KELLY, Judge.

Appellant Glen Boyland appeals from the judgment and sentence to thirty years imprisonment imposed by the trial court pursuant to the jury recommendation following his conviction on the charge of murder in the second degree in violation of § 565.021 RSMo.Cum.Supp.1983 (now 1986).

We reverse and remand.

No challenge is raised to the sufficiency of the evidence to support the conviction. The circumstances surrounding the shooting can...

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