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STATE v. ROGERS

No. WD 54343.

976 S.W.2d 529 (1998)

STATE of Missouri, Respondent, v. Kendall ROGERS, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied September 1, 1998.

Application for Transfer Denied October 20, 1998.

Attorney(s) appearing for the Case

Michael Joseph Smith, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Catherine Chatman, Asst. Atty. Gen., Jefferson City, for respondent.

Before ELLIS, P.J., and LOWENSTEIN and RIEDERER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 1, 1998.

LOWENSTEIN, Judge.

Kendall Joe Rogers was jury-tried and convicted of Second Degree Murder under the felony-murder statute, § 565.021.1(2) RSMo.1994,1 and sentenced to twenty years in prison. His appeal is based on the following two rulings: (1) the trial court erred in overruling his motion to dismiss and motion for new trial because the underlying...

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