STATE v. RYAN

No. KCD 26312.

492 S.W.2d 116 (1973)

STATE of Missouri, Respondent, v. Patrick RYAN, Appellant.

Missouri Court of Appeals, Kansas City District.

March 5, 1973.


Attorney(s) appearing for the Case

J. Arnot Hill, Hill & McMullin, Kansas City, for appellant; John J. Cosgrove, Kansas City, of counsel.

John C. Danforth, Atty. Gen., David Robards, Asst. Atty. Gen., Jefferson City, for respondent.

Before DIXON, P. J., PRITCHARD, J., and HARRY A. HALL, Special Judge.


PRITCHARD, Judge.

By the verdict of a jury appellant was convicted of the commission of the crime of murder in the second degree of one Glen Stumbo. The jury was unable to agree upon the punishment and the court fixed the same at 30 years imprisonment in the Department of Corrections.

The main issue presented is whether the court should have included in the murder in the second degree Instruction No. 4 a finding for the jury upon the subject of provocation...

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