STATE v. GOTTHARDT

No. 59441.

540 S.W.2d 62 (1976)

STATE of Missouri, Respondent, v. Martin Karl GOTTHARDT, Appellant.

Supreme Court of Missouri, En Banc.

September 13, 1976.


Attorney(s) appearing for the Case

Timothy J. Verhagen, Asst. Atty. Gen., Jefferson City, for respondent.

Roger M. Hibbits, Florissant, for appellant.


FINCH, Judge.

Appellant, charged with murder, first degree, was found guilty by a jury of murder, second degree, with punishment assessed at thirty years in the custody of the Department of Corrections. He appeals, asserting lack of sufficient evidence to make a submissible case, and errors in the admission of evidence and in instructing the jury. We reverse and remand because of error in Instruction No. 6 submitting murder, second degree.

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