STATE v. HENSON

No. 10368.

552 S.W.2d 378 (1977)

STATE of Missouri, Plaintiff-Respondent, v. John Dale HENSON, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

June 13, 1977.


Attorney(s) appearing for the Case

Jasper N. Edmundson, G. H. Terando, Hyde, Purcell, Wilhoit & Edmundson, Poplar Bluff, for defendant-appellant.

John Ashcroft, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before BILLINGS, C. J., and HOGAN and FLANIGAN, JJ.


FLANIGAN, Judge.

John Dale Henson, charged as a second offender, was found guilty by a jury of the second degree murder of his 14-year-old nephew Jackie Fletcher. Judgment was entered on the verdict and defendant received a sentence of 35 years. Defendant appeals.

Defendant's first point is that the trial court erred in refusing to instruct the jury on the issue of self-defense. The trial court did instruct the jury on excusable homicide, (MAI-CR. 2.28 "The...

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