STATE v. RUSH

Nos. 61553, 63377.

872 S.W.2d 127 (1994)

STATE of Missouri, Respondent, v. Harry RUSH, Appellant. Harry RUSH, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

March 1, 1994.


Attorney(s) appearing for the Case

S. Paige Canfield, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl A. Caponegro, Asst. Atty. Gen., Jefferson City, for respondent.


KAROHL, Judge.

Defendant used an ice pick, several knives and boards to commit the felony of assault first degree on Robbie McLemore, § 565.050 RSMo 1986, and to murder her six and eight-year-old children, Robbie McLemore and Lekisha McLemore, § 565.020.1 RSMo 1986. The state also charged and proved three counts of armed criminal action, § 571.015.1 RSMo 1986, and one count of stealing over $150, § 570.030 RSMo 1986. One count of robbery first...

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