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STATE v. CURRY

No. 49810.

372 S.W.2d 1 (1963)

STATE of Missouri, Respondent, v. Leon D. CURRY, Appellant.

Supreme Court of Missouri, Division No. 1.

November 11, 1963.

Attorney(s) appearing for the Case

James A. Bell, St. Louis, attorney for appellant.

Thomas F. Eagleton, Atty. Gen., Jefferson City, James J. Sauter, Special Asst. Atty. Gen., St. Louis, attorneys for respondent.

DALTON, Presiding Judge.

Defendant was charged and convicted of the offense of manslaughter and the jury assessed his punishment at two years' imprisonment in the state penitentiary. See Sections 559.070 and 559.140 RSMo 1959. He has taken an appeal to this Court.

The offense in question is a felony and not a degree of murder, but a distinct offense in which malice and premeditation are not involved. State v. Foster, Mo.Sup., 338 S.W.2d 892...

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