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STATE v. EMRICH

No. 43173.

252 S.W.2d 310 (1952)

STATE v. EMRICH.

Supreme Court of Missouri, Division No. 2.

November 10, 1952.

Attorney(s) appearing for the Case

Chas. A. Miller, Trenton, Clayton W. Allen, Rock Port, for appellant.

J. E. Taylor, Atty. Gen., E. L. Redman, Asst. Atty. Gen., for respondent.

ELLISON, Judge.

This is the second appeal in this case. At the first trial the appellant Emrich, 22 years old, was convicted by a jury of murder in the second degree in the circuit court of Atchison County for the killing of one Mary Hammer, 82 years old, by striking and jabbing her with her crutch at her farm home in Gentry County. The punishment assessed by the jury was imprisonment in the penitentiary for 15 years. That...

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