STATE v. BOOKER

No. KCD 26255.

503 S.W.2d 76 (1973)

STATE of Missouri, Respondent, v. Edward Leon BOOKER, Appellant.

Missouri Court of Appeals, Kansas City District.

December 3, 1973.


Attorney(s) appearing for the Case

Philip H. Schwarz, 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.

John C. Danforth, Atty. Gen., Daniel P. Card, II, Asst. Atty. Gen., Jefferson City, for respondent.

Before DIXON, C. J., and PRITCHARD and SOMERVILLE, JJ.


PRITCHARD, Judge.

Contending for outright reversal, or a reversal and a remand for new trial, of his conviction of murder in the second degree, appellant claims: That his conviction "was not supported by the weight of the evidence"; and, the dispositive issue, that the trial court erred in failing to instruct the jury on the offense of manslaughter, there being evidence to support it.

The jury found appellant not guilty of murder in the first degree, but guilty...

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