STATE v. BROWNING

No. 53541.

442 S.W.2d 55 (1969)

STATE of Missouri, Respondent, v. Billy Ray BROWNING, Appellant.

Supreme Court of Missouri, En Banc.

April 14, 1969.


Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Jefferson City, Frederick E. Steck, Special Asst. Atty. Gen., Sikeston, for respondent.

J. Arnot Hill, John J. Cosgrove, Kansas City, The Legal Aid and Defender Society of Greater Kansas City, for appellant.


HOUSER, Commissioner.

Billy Ray Browning, convicted of second degree murder and sentenced to 10 years' imprisonment, has appealed on the sole ground that the court erred in not instructing that defendant should be acquitted if the homicide was excusable on account of accident.

The state's case tended to show these facts: Defendant, one Bell and others attended a private party at a residence in Kansas City. When the...

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