STATE v. HELMS

No. KCD 28811.

559 S.W.2d 587 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Donald HELMS, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

December 5, 1977.


Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Lee M. Nation, Asst. Public Defender, Kansas City, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Frank J. Murphy, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before PRITCHARD, P. J., and SWOFFORD, C. J., and DIXON, J.


DIXON, Judge.

Defendant appeals a conviction of second degree murder. The jury fixed punishment as 40 years imprisonment.

Defendant raises issues of (1) error in admitting testimony of witnesses as to exhibits, reports and memoranda because the state had violated discovery procedures; (2) error in admitting evidence of defendant's prior assaultive behavior toward the victim.

Defendant does not challenge sufficiency, and a short statement of fact will...

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