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STATE v. SMITH

No. WD 48909.

891 S.W.2d 461 (1994)

STATE of Missouri, Respondent, v. Joe Alan SMITH, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 27, 1994.

Application to Transfer Denied February 21, 1995.

Attorney(s) appearing for the Case

Willard B. Bunch, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before ELLIS, P.J., and BERREY and SMART, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 27, 1994.

BERREY, Judge.

Appellant was convicted of operating his motor vehicle in such a manner as to knowingly cause the death of James M. Leach, an off duty sergeant1 on the Kansas City police force and citizen David Biggers. He was convicted on two counts of murder in the second degree, Counts I and III, and two counts of armed criminal action, Counts II...

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