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STATE v. FORSYTHE

No. 42867.

251 S.W.2d 17 (1952)

STATE v. FORSYTHE.

Supreme Court of Missouri, Division No. 2.

September 8, 1952.

Attorney(s) appearing for the Case

Charles H. Baker, Malden, John H. Bradley, Kennett, for appellant.

J. E. Taylor, Atty. Gen., John S. Phillips, Asst. Atty. Gen., for respondent.

LEEDY, Presiding Judge.

Defendant, James D. Forsythe, was charged in the Circuit Court of New Madrid County with the offense of murder in the first degree in having shot and killed Mrs. C. S. Smith. He was convicted of murder in the second degree, and sentenced in accordance with the verdict to 18 years' imprisonment in the penitentiary, and he appeals.

The killing occurred in the late afternoon of September 20,...

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