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STATE v. STANLEY

No. WD 55009.

990 S.W.2d 1 (1998)

STATE of Missouri, Respondent, v. Dale T. STANLEY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 30, 1999.

Application to Transfer Denied June 1, 1999.

Attorney(s) appearing for the Case

Philip F. Cardarella, Kansas City, MO, for Appellant.

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

Before SMART, P.J. and ELLIS and HOWARD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 30, 1999.

HOWARD, J.

Dale T. Stanley appeals from convictions of murder in the second degree, § 565.021.1, RSMo 1994, and armed criminal action, § 571.015.1, RSMo 1994. Stanley contends that the trial court erred by refusing to submit a jury instruction on the lesser included offense of voluntary manslaughter, by sustaining the State's Batson challenge of two of his peremptory...

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