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STATE v. HITCHCOCK

No. SD 30062.

329 S.W.3d 741 (2011)

STATE of Missouri, Plaintiff-Respondent, v. James Earl HITCHCOCK, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

January 12, 2011.

Attorney(s) appearing for the Case

Craig A. Johnston , Columbia, MO, for Appellant.

Chris Koster , Attorney General, and, Terrence M. Messonnier , Assistant Attorney General, Jefferson City, MO, for Respondent.

DON E. BURRELL, Judge.

A jury found James E. Hitchcock ("Defendant") guilty of second degree murder and armed criminal action for killing Wendell Hillhouse ("Victim") with a rifle and a baseball bat. See sections 565.021 and 571.015.1 After denying Defendant's motion for new trial, the trial court sentenced Defendant as a prior offender to twenty-five years on the murder charge and ten years on the armed criminal action count.

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