State v. Swiggart

458 S.W.2d 251 (1970)

STATE of Missouri, Respondent,

v.

Duane Harold SWIGGART, Appellant.

No. 54834.

Supreme Court of Missouri, Division No. 1.

October 12, 1970.

John C. Danforth, Atty. Gen., Charles A. Blackmar, Asst. Atty. Gen., Jefferson City, for respondent.

Alan G. Kimbrell, Clayton, for appellant.

HOUSER, Commissioner.

By indictment Duane Harold Swiggart and David Michael Lusk were jointly charged with the first degree murder of George Hassen. Lusk took a severance. Lusk, tried first, was convicted. On appeal the judgment was reversed. State v. Lusk, Mo.Sup., 452 S.W.2d 219. In Swiggart's case an…