NEWBERRY v. STATE

No. WD 43587.

812 S.W.2d 210 (1991)

Floyd NEWBERRY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

June 25, 1991.


Attorney(s) appearing for the Case

Richard H. Sindel, Clayton, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before NUGENT, P.J., KENNEDY and GAITAN, JJ., and WASSERSTROM, Senior Judge.


WASSERSTROM, Senior Judge.

Newberry seeks post-conviction relief in a very unusual and procedurally interesting situation. On December 19, 1978, he was indicted for the premeditated murder of his wife on June 18, 1976. He was convicted by a jury of first degree murder on June 27, 1979, and on August 6, 1979, was sentenced to life imprisonment. That judgment and sentence was affirmed in State v. Newberry, 605 S.W.2d 117 (Mo...

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