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STATE v. SIMONTON

No. WD 58332.

49 S.W.3d 766 (2001)

STATE of Missouri, Respondent, v. Tolliver J. SIMONTON, Appellant.

Missouri Court of Appeals, Western District.

July 17, 2001.

Attorney(s) appearing for the Case

Irene C. Karns, Columbia, for appellant.

Rachael A. Smith, Asst. Atty. Gen., Jefferson City, for respondent.

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

BRECKENRIDGE, Judge.

Tolliver J. Simonton was convicted by a jury of murder in the first degree, § 565.020, RSMo 2000, for the death of his eight-year old son, Tate Simonton. He was sentenced to life imprisonment without the possibility of probation or parole. At trial, Mr. Simonton asserted the defense of lack of responsibility due to mental disease or defect under § 552.030, RSMo 19941. On appeal, Mr. Simonton claims that the...

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