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STATE v. HIBBERT

No. 22822.

14 S.W.3d 249 (2000)

STATE of Missouri, Plaintiff-Respondent, v. Nicholas W. HIBBERT, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied March 8, 2000.

Application for Transfer Denied April 25, 2000.

Attorney(s) appearing for the Case

Andrew A. Schroeder, Asst. Public Defender, Kansas City, for appellant.

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

JAMES K. PREWITT, Judge.

Following jury trial, Defendant was convicted of murder in the second degree and kidnapping. He was sentenced to consecutive terms of imprisonment of ten years for second-degree murder and five years for kidnapping. Defendant appeals, presenting two points relied on.

For his first point, Defendant asserts that the State failed to prove beyond a reasonable doubt that he was guilty of second-degree murder and kidnapping, "in that the...

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