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STATE v. SMITH

No. ED 73913.

5 S.W.3d 595 (1999)

STATE of Missouri, Respondent, v. Rodney SMITH, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

October 19, 1999.

Attorney(s) appearing for the Case

Dave Hemingway, Asst. Sp. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Krista D. Boston, Asst. Atty. Gen., Jefferson City, for respondent.

GARY M. GAERTNER, Presiding Judge.

Appellant, Rodney Smith ("defendant"), appeals the judgment of the Circuit Court of the City of St. Louis, after a jury convicted him of murder in the first degree, section 565.020, RSMo 1994,1 and armed criminal action, section 571.015. We reverse and remand.

On May 10, 1995, the police found the body of Toriano Burston on the floor of a vacant building. The victim died of multiple gunshot wounds...

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