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STATE v. MAYBERRY

No. 44087.

272 S.W.2d 236 (1954)

STATE of Missouri, Respondent, v. Delmar MAYBERRY, Appellant.

Supreme Court of Missouri, Division No. 1.

November 8, 1954.

Attorney(s) appearing for the Case

Robert A. McIlrath, Flat River, for appellant.

John M. Dalton, Atty. Gen., John S. Phillips, Asst. Atty. Gen., for respondent.

DALTON, Presiding Judge.

Defendant killed Charles Talley in Frankclay, St. Francois County on the 23rd day of May, 1948, by stabbing him with a knife. He was charged with murder in the first degree and the cause went on change of venue to the Circuit Court of Bollinger County, where defendant was convicted of murder in the second degree and his punishment assessed at 25 years imprisonment in the state penitentiary. He has appealed, but has not favored us with a brief...

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