STATE v. DAVIS

No. KCD 26370.

504 S.W.2d 221 (1973)

STATE of Missouri, Respondent, v. Robert F. DAVIS, Appellant.

Missouri Court of Appeals, Kansas City District.

December 31, 1973.


Attorney(s) appearing for the Case

Robert B. Randolph, St. Joseph, for appellant.

G. Michael O'Neal, Chief Counsel, Crim. Div., Jefferson City, for respondent.

Before SHANGLER, C. J., and SWOFFORD and WASSERSTROM, JJ.


WASSERSTROM, Judge.

Defendant was charged with murder in the first degree, but the jury found him guilty of only second degree murder and sentenced him to ten years imprisonment. Defendant appeals, alleging five points of error.

I

Defendant first contends that the verdict is not supported by substantial evidence. Consideration of this point requires a brief summary of the relevant facts.

On the morning of July 31, 1971, a fracas occurred...

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