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STATE v. ERWIN

No. 74887.

848 S.W.2d 476 (1993)

STATE of Missouri, Respondent, v. Samuel Levi ERWIN, Appellant.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing March 23, 1993.

Attorney(s) appearing for the Case

Patrick J. Berrigan, Asst. Public Defender, David S. Durbin, Appellate Defender, Kansas City, for appellant.

William L. Webster, Atty. Gen., John M. Morris, Millie Aulbur, Asst. Attys. Gen., Jefferson City, for respondent.

HOLSTEIN, Judge.

Defendant was charged with first degree murder, § 565.020,1 but was convicted upon jury trial of second degree murder, § 565.021, and sentenced to life imprisonment. In addition, he was charged and convicted of armed criminal action, § 571.015, with a sentence of fifty years' imprisonment. The sentences were to be served consecutively. Following opinion, the case was transferred to this Court. Mo. Const...

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