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  5. 967 S.W.2d 234 (1998)
 

STATE v. THEUS

Nos. WD 51810, WD 53731.

967 S.W.2d 234 (1998)

STATE of Missouri, Respondent, v. Joe THEUS, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied April 28, 1998.

Application for Transfer Denied June 16, 1998.

Attorney(s) appearing for the Case

Rosemary E. Percival, Asst. Public Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen L. Kramer, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 28, 1998.

HANNA, Judge.

The defendant, Joe L. Theus, was found guilty by a Jackson County jury of second degree murder of Prentiss Hunt, § 565.021.2, RSMo 1994; robbery first degree of Gregory Smith, § 565.020, RSMo 1994; assault in the first degree of Chickoiyah Miller, § 565.050, RSMo 1994; and three corresponding counts of armed criminal action, § 571.015, RSMo 1994....

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