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STATE v. WEBSTER

No. 46888.

659 S.W.2d 286 (1983)

STATE of Missouri, Plaintiff-Respondent, v. Byron WEBSTER, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied October 4, 1983.

Application to Transfer Denied November 22, 1983.

Attorney(s) appearing for the Case

Henry Robertson and Peter Stragand, Asst. Public Defenders, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., Dwight Warren, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 4, 1983.

PUDLOWSKI, Presiding Judge.

This is an appeal from a conviction by jury of capital murder. Defendant alleges that the trial court erred in permitting the prosecutor to create an adverse inference in the minds of the jurors by the failure of the defense to call an allegedly "equally available" witness, who had been endorsed by the prosecution as a potential state witness. We affirm...

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