STATE v. ELMORE

No. 55933.

467 S.W.2d 915 (1971)

STATE of Missouri, Respondent, v. Jackie Ray ELMORE, Appellant.

Supreme Court of Missouri, Division No. 1.

June 14, 1971.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Charles A. Blackmar, Asst. Atty. Gen., Jefferson City, for respondent.

Legal Aid and Defender Society of Greater Kansas City, Kansas City, for appellant; Paul T. Miller, Executive Director, Willard B. Bunch, Chief Defender, Kansas City, of counsel.


SEILER, Presiding Judge.

This is an appeal from a conviction of second degree murder with a 35-year sentence assessed by the court when the jury was not able to agree upon punishment.

The sole contention of error is that in violation of his rights against self-incrimination, evidence was received that defendant while in jail awaiting trial did not volunteer to the authorities his explanation of self-defense to the charge against him.

Defendant was...

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