STATE v. ATKINS

No. 57302.

494 S.W.2d 317 (1973)

STATE of Missouri, Respondent, v. David ATKINS, Appellant.

Supreme Court of Missouri, Division No. 1.

May 14, 1973.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for respondent.

James W. Huck, Public Defender Bureau, St. Louis, for appellant.


BARDGETT, Judge.

Defendant-appellant David Atkins was found guilty of murder in the second degree, a felony, by a jury which assessed punishment at fifty years' imprisonment. The court entered judgment accordingly and defendant appeals. Notice of appeal was filed prior to January 1, 1972. This court has jurisdiction. Mo.Const., Art. V, § 31(4), as amended 1970, V.A.M.S.

Defendant does not question the sufficiency of the evidence.

On the evening...

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