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STATE v. SWEENEY

No. 51679.

728 S.W.2d 629 (1987)

STATE of Missouri, Respondent, v. David SWEENEY, Jr., Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied April 23, 1987.

Application to Transfer Denied May 19, 1987.

Attorney(s) appearing for the Case

Charles M. Shaw, Clayton, for appellant.

William L. Webster, Atty. Gen., Lee A. Bonine, Asst. Atty. Gen., Jefferson City, for respondent.

KAROHL, Judge.

Defendant appeals conviction and sentence for second degree murder, § 565.021 RSMo Cum.Supp.1984. A jury found defendant guilty of this crime when considering an indictment charging first degree murder, § 565.020 RSMo Cum.Supp.1984. The indictment charged that defendant, after deliberation, knowingly killed Franklin Lee Smith on August 22, 1985. The cause of death was a stab wound to the heart.

This appeal does not contest the sufficiency...

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