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Defendant-appellant James Granberry appeals from his second conviction for the first degree murder of University City police
officer Wilber Downey. In 1971, defendant was convicted of the murder of Officer Downey and his punishment assessed at death,
but on appeal to the Missouri Supreme Court the judgment of conviction was reversed and the cause remanded for a new trial.
1 On the second trial, defendant was again convicted of the first degree murder of Officer Downey and sentenced to life
imprisonment. On this appeal of his second conviction, defendant raises six points of alleged error. He contends: 1) that
the trial court was without jurisdiction to try his case as the trial was held on a suspended indictment; 2) that the trial
court erroneously admitted evidence of other crimes for which defendant was not on trial; 3) that the trial court erred in
overruling defendant's motion to suppress certain evidence alleged to be the product of an illegal arrest; 4) that various
comments and arguments of the prosecuting attorney regarding defendant were so vituperate and vitriolic as to deprive him
of a fair trial; 5) that defendant was materially prejudiced by the admission of alleged inadmissible testimony by a police
officer investigating the case; 6) that finger print evidence was admitted without proper foundation. We find no reversible
error and affirm the judgment. The facts are these. During the early morning of December 12, 1969-- around 1:30 a.m.--a brown Pontiac carrying five young
men entered a Clark service station on Olive Street Road in University City. After being served by the station attendant two
of the men from the car ordered the attendant into the back room of the station and forced him to lie down on the floor. The
two men took the attendant's money from his pockets and pried open a cabinet. While the robbery was in progress, several customers
drove into the station for service, and some of the customers noticing suspicious activity placed a call for police. University
City police, including Officer Downey, responded to the call. Officer Downey entered the station and shots were heard. The
station area was raked with an enfilade of gun fire, and the customers at the station scurried to lie doggo for safety. Two
men, later identified as defendant and his cousin Darryl Granberry, were observed firing pistols and fleeing from the back
room of the station. The identification of defendant was made by University City Police Officer Edward Steinmeyer who had
responded to the call and who was involved in an exchange of gun fire with the Granberrys.

Professional & Technical
October 28
LawApp Publishers
Innodata Book Distribution Services Inc

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