No. 36639.

545 S.W.2d 655 (1976)

STATE of Missouri, Respondent, v. Adrian MONTGOMERY, Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing or Transfer Denied January 14, 1977.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Preston Dean, W. Mitchell Elliott, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Nels C. Moss, Jr., Asst. Circuit Atty., St. Louis, for respondent.

Anderson, Fredrick, Preuss, Elckhorst & Geissal, Clayton, for appellant.


Defendant Adrian Montgomery has appealed from a jury conviction of manslaughter and a prison sentence of ten years. He does not question the sufficiency of the evidence so we briefly outline the facts.

On November 18, 1973 defendant was standing with a group of people in a parking lot near a public housing project in St. Louis. He got into an argument with Ricky Dillard over money defendant claimed Dillard owed him. The argument ended when...

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