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STATE v. WERNER

Nos. 15798, 16636.

810 S.W.2d 621 (1991)

STATE of Missouri, Plaintiff-Respondent, v. Larry Herbert WERNER, Defendant-Appellant. Larry Herbert WERNER, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied May 31, 1991.

Application to Transfer Denied July 23, 1991.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., M. Melissa Manda, Asst. Atty. Gen., Jefferson City, for the State.

Susan L. Hogan, Columbia, for Larry Herbert Werner.

Motion for Rehearing or Transfer to Supreme Court Denied May 31, 1991.

MAUS, Presiding Judge.

Count I of an information charged that defendant, Larry H. Werner, committed murder in the first degree in that defendant, after deliberation, knowingly killed Calvin F. Long (Long) by shooting him. § 565.020.1. Count II charged that defendant committed that felony with a deadly weapon and was guilty of armed criminal action. § 571.015.1. The state waived...

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