STATE v. MERRITT

No. 36921.

540 S.W.2d 183 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Floyd MERRITT, Defendant-Appellant.

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

August 3, 1976.


Attorney(s) appearing for the Case

Robert A. Hampe, Daniel P. Reardon, Jr., St. Louis, for defendant-appellant.

Preston Dean, Asst. Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Asst. Atty. Gen., Brendan Ryan, Circuit Atty., Ronald B. Safren, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


GUNN, Judge.

Defendant killed Albert Redmann with a single gun shot to the chest. Defendant was sentenced under the Second Offender Act to 25 years imprisonment and has appealed, raising the single issue that the trial court erred in failing to submit an excusable homicide instruction. We find no error and affirm.

Early on the day of the killing, defendant and Redmann had engaged in an altercation with an exchange of blows. After the initial fray of fisticuff...

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