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STATE v. BRUMMALL

No. WD 58124.

51 S.W.3d 113 (2001)

STATE of Missouri, Respondent, v. Marcus L. BRUMMALL, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 3, 2001.

Application for Transfer Denied August 21, 2001.

Attorney(s) appearing for the Case

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty., Gen., Dora A. Fichter, Asst. Atty. Gen., Jefferson City, for respondent.

Before EDWIN H. SMITH, P.J., and SMART and HOWARD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 3, 2001.

HOWARD, Judge.

Marcus L. Brummall appeals from his convictions of one count of murder in the second degree, § 565.021,1 and one count of armed criminal action, § 571.015. Brummall raises two points on appeal. First, he contends the trial court erred in refusing to submit his offered instructions for the lesser-included offenses of voluntary and...

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