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  5. 755 S.W.2d 361 (1988)
 

STATE v. SPIVEY

No. 53295.

755 S.W.2d 361 (1988)

STATE of Missouri, Plaintiff-Respondent, v. Wallace SPIVEY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied July 20, 1988.

Application to Transfer Denied September 13, 1988.

Attorney(s) appearing for the Case

Dorothy Mae Hirzy, Sp. Public Defender, St. Louis, for defendant-appellant.

William L. Webster, Atty. Gen., Elizabeth L. Ziegler, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 20, 1988.

SMITH, Judge.

Defendant appeals from his conviction by a jury of capital murder and the resultant sentence of life imprisonment without probation or parole for 50 years. We affirm.

Following Defendant's first trial we reversed and remanded for new trial. State v. Spivey, 710 S.W.2d 295 (Mo.App.1986). See also State v. Randolph,...

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