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  5. 822 S.W.2d 448 (1991)
 

STATE v. GARY

Nos. 58974, 60045.

822 S.W.2d 448 (1991)

STATE of Missouri, Plaintiff-Respondent, v. David GARY, Defendant-Appellant. David GARY, Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied January 10, 1992.

Application to Transfer Denied February 25, 1992.

Attorney(s) appearing for the Case

J. Gregory Mermelstein, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., Joan F. Edwards, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 10, 1992.

PER CURIAM.

Defendant, David Gary, was charged with four counts of armed criminal action, § 571.015;1 first degree murder, § 565.020.1; or, in the alternative, murder in the second degree, § 565.021.1(2); assault in the first degree, § 565.050; assault in the second degree, § 565.060; and resisting arrest, § 575.150. Defendant...

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