STATE v. SIMMONS

No. 38529.

563 S.W.2d 91 (1978)

STATE of Missouri, Plaintiff-Respondent, v. Eric Bryant SIMMONS, Defendant-Appellant.

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

February 7, 1978.


Attorney(s) appearing for the Case

Mary Elizabeth Dockery, Asst. Public Defender, Robert C. Babione, Public Defender, St. Louis, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Carson W. Elliff, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


McMILLIAN, Judge.

Appellant appeals from a judgment of conviction for manslaughter and an eight (8) year sentence of imprisonment. For reversal he argues that the court erred in failing to order a new trial on its own motion inasmuch as a juror's affidavit showed that the assessment of punishment was arrived at by a quotient verdict. We affirm.

Gratuitously we note that appellant's allegation of error in his motion for a new trial was bottomed upon pressure...

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