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STATE v. HOWARD

Nos. 18265, 19122 and 19123.

896 S.W.2d 471 (1995)

STATE of Missouri, Plaintiff-Respondent, v. Samuel HOWARD and Steve Allen Bowen, Defendants-Appellants. Samuel HOWARD and Steve Allen Bowen, Movants-Appellants, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied March 22, 1995.

Application to Transfer Denied April 25, 1995.

Attorney(s) appearing for the Case

Raymond L. Legg, Office of the State Public Defender, Columbia, for defendant-movant-appellant Samuel Howard.

Laura E. O'Sullivan, Asst. Public Defender, Kansas City, for defendant-movant-appellant Steve Allen Bowen.

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

SHRUM, Chief Judge.

In December 1991, defendant Samuel Howard shot and killed Terry Easley and Billy Joe Luttrell during a fight involving the victims and another defendant, Steve Allen Bowen.1 The state charged both Howard and Bowen with two counts of first degree murder and two counts of armed criminal action. Howard and Bowen defended on the basis that both homicides were justified as Howard acted in the justified defense of Bowen....

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