STATE v. DEMAREE

No. 48650.

362 S.W.2d 500 (1962)

STATE of Missouri, Respondent, v. Chalmer O. DEMAREE, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 11, 1962.


Attorney(s) appearing for the Case

Morris A. Shenker, Bernard J. Mellman, St. Louis, Joe Welborn, Bloomfield, Harry C. Blanton, Sikeston, for appellant.

Thomas F. Eagleton, Atty. Gen., Ike Skelton, Jr., Sp. Asst. Atty. Gen., Jefferson City, for respondent.


BARRETT, Commissioner.

A jury has found that in killing his estranged wife Chalmer Demaree was guilty of murder in the second degree. The sufficiency of the evidence to support the finding of second degree murder is not challenged and, therefore, it is necessary to detail only those circumstances illustrative of the two theories of the killing.

Demaree says that as he sat in a rocking chair across the room from his wife he was suddenly aware of a slight commotion...

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