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                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, February 4, 1993                   TAG: 9302040130
SECTION: VIRGINIA                    PAGE: B2   EDITION: STATE 
SOURCE: 
DATELINE: HILLSVILLE                                LENGTH: Short

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MURDER CONVICTION, TERM TO BE APPEALED

A 32-year-old Carroll County woman given 15 years in prison for second-degree murder in the shooting death of her boyfriend served notice Wednesday that she would appeal the verdict and sentence.

A jury convicted Rose Marie Barr of second-degree murder Monday in the Sept. 27 death of Kenneth Baum, 38, at his home in Dugspur.

Barr shot Baum once with a .22-caliber pistol that he had given her for protection and which he had cleaned for her about a week before the shooting.

The shooting followed an argument in which Baum accused the woman of having an affair with an 18-year-old man who was with her when they came to Baum's house. Baum had been drinking and Barr had been both drinking and smoking marijuana, witnesses testified.

Witnesses agreed that Baum had brought weapons into the room earlier but was not holding any when he was shot. The defense claimed Baum had abused Barr on previous occasions and she took the weapon out of her purse to keep it from happening again.

Barr maintained the shooting was accidental. The jury would have had to find premeditation to have convicted her of first-degree murder.

Circuit Judge Duane Mink on Wednesday appointed John Perry Alderman to represent Barr in her appeal. Alderman and Carolyn Phillips had been appointed to defend her at her trial.

- Southwest bureau

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