STATE v. SALEM

No. 15856.

780 S.W.2d 683 (1989)

STATE of Missouri, Plaintiff-Respondent, v. Edward Wesley SALEM, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

November 28, 1989.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Robert V. Franson, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Victor W. Head, 39th Judicial Circuit Public Defender, Carr L. Woods, Asst. Public Defender, Monett, for defendant-appellant.


PREWITT, Judge.

Following jury trial defendant was convicted of murder in the second degree and sentenced to twelve years' imprisonment. He appeals.

For his first point defendant contends that the trial court erred in overruling his motion to dismiss the information, following MACH-CR 13.04, and erred in submitting the verdict director instruction, patterned after MAI-CR3d 313.04, because both stated in the disjunctive that defendant shot Joseph L. Schwyhart...

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