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STATE v. SWEARINGIN

No. 10597.

564 S.W.2d 351 (1978)

STATE of Missouri, Respondent, v. Jackie E. SWEARINGIN, Appellant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or Transfer Denied April 10, 1978.

Application to Transfer Denied May 9, 1978.

Attorney(s) appearing for the Case

Robert H. Handley, Springfield, for appellant.

John D. Ashcroft, Atty. Gen., Nanette K. Laughrey, Asst. Atty. Gen., Jefferson City, for respondent.

Before STONE, P. J., and HOGAN and FLANIGAN, JJ.

FLANIGAN, Judge.

Defendant Jackie E. Swearingin, charged as a second offender (§ 556.280),1 was found guilty by a jury of murder in the second degree (§ 559.020), and was sentenced by the court to 40 years' imprisonment. Defendant appeals.

On June 19, 1976, in a bar known as the Jockey Club in Springfield, Missouri, Larry Brown was stabbed with a knife during a brawl. He died six days later as a direct result.

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