STATE v. MASSEY

Nos. 59313, 62928.

867 S.W.2d 266 (1993)

STATE of Missouri, Respondent, v. Jimmy MASSEY, Sr., Appellant. Jimmy MASSEY, Sr., Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

December 14, 1993.


Attorney(s) appearing for the Case

Leo N. Griffard, Jr., Sindel & Sindel, P.C., St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Hugh L. Marshall, Asst. Atty. Gen., Jefferson City, for respondent.


CARL R. GAERTNER, Judge.

Defendant, Jimmy Massey, was found guilty by a jury of first degree murder and armed criminal action and sentenced by the court to life imprisonment without parole and a concurrent term of thirty years. He also filed a post-conviction Rule 29.15 motion which was denied by the trial court. We have consolidated his appeals from both judgments. We reverse and remand for a new trial.

The evidence at trial was that at approximately 4:00...

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