STATE v. SIMMONS

No. 51582.

725 S.W.2d 162 (1987)

STATE of Missouri, Respondent, v. Julius SIMMONS, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

March 3, 1987.


Attorney(s) appearing for the Case

Henry B. Robertson, Public Defender, St. Louis, for appellant.

John Munson Morris, Asst. Atty. Gen., Jefferson City, for respondent.


DOWD, Judge.

Defendant appeals from the judgment of the trial court, entered on a jury verdict, convicting defendant of second degree murder, first degree assault, and armed criminal action. We reverse.

It is undisputed that on August 7, 1985. at around 2:00 a.m., defendant shot and killed Theodore Freeman and wounded Maurice Terry while the two sat in Terry's car on the lot of a St. Louis gas station. Freeman occupied the passenger seat and Terry sat in the...

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