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STATE v. BIGGS

No. 24730.

91 S.W.3d 127 (2002)

STATE of Missouri, Plaintiff-Respondent, v. Gary W. BIGGS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

November 25, 2002.

Attorney(s) appearing for the Case

Ellen H. Flottman, Assistant State Public Defender, Columbia, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, and Shaun J. Mackelprang, Assistant Attorney General, Jefferson City, MO, for Respondent.

JAMES K. PREWITT, Presiding Judge.

Following jury trial, Gary W. Biggs ("Defendant") was convicted of murder in the first degree, § 565.020, RSMo 2000, and armed criminal action, § 571.015, RSMo 2000. With two points relied on, Defendant claims that the trial court abused its discretion by (1) allowing evidence that Scott Biggs ("Scott") talked to a preacher before stating that he and Defendant killed Willie Mae...

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