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STATE v. WEST

No. WD52164.

939 S.W.2d 399 (1996)

STATE of Missouri, Appellant, v. Tyree WEST, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied January 28, 1997.

Application to Transfer Denied March 25, 1997.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General, Jill C. LaHue, Assistant Attorney General, Jefferson City, for appellant.

Jennifer Brewer, Assistant Appellate Defender, Kansas City, for respondent.

Before ULRICH, C.J., P.J., and HANNA and SMART, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 28, 1997.

ULRICH, Chief Judge.

The state appeals the trial court's judgment of acquittal entered in favor of Tyree West. Mr. West was found guilty by a jury of murder in the second degree, § 565.021.1, RSMo 1994, and armed criminal action, § 571.015, RSMo 1994, for the shooting death of Herbert Moore. Following the jury's verdict, he moved for judgment of acquittal notwithstanding...

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