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STATE v. SMART

No. 57293.

485 S.W.2d 90 (1972)

STATE of Missouri, Respondent, v. Doris SMART, Appellant.

Supreme Court of Missouri, Division No. 1.

September 11, 1972.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Gene E. Voigts, First Asst. Atty. Gen., Jefferson City, for respondent.

Robert G. Duncan, and Austin F. Shute, Kansas City, for appellant.

WELBORN, Commissioner.

A jury found Doris Smart guilty of murder in the second degree and fixed her punishment at 17 years' imprisonment. She has appealed from the ensuing judgment and sentence.

According to the state's evidence, the only evidence presented at the trial, Doris Smart shot her husband, Jack L. Smart, Sr., in their house near Osceola three times with a .30-.30 rifle on the evening of August 21, 1970. The shooting culminated a stormy and frequently...

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