HOLMAN, Judge.
Defendant, Ed Nibarger, was charged with the murder (first degree) of Milo Harkins. He was found guilty of manslaughter and his punishment was fixed by the jury at imprisonment in the penitentiary for a term of five years. See §§ 559.010, 559.070, and 559.140 (all statutory references are to RSMo 1959, V.A.M.S.). Defendant has appealed from the ensuing judgment and here contends that the court erred (1) in giving an instruction on manslaughter...
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