STATE v. WEST

No. KCD 29701.

575 S.W.2d 257 (1978)

STATE of Missouri, Respondent, v. Ozell WEST, Appellant.

Missouri Court of Appeals, Kansas City District.

December 27, 1978.


Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Kevin R. Locke, Asst. Public Defender, Kansas City, for appellant.

John D. Ashcroft, Atty. Gen., Weldon W. Perry, Jr., Asst. Atty. Gen., Jefferson City, for respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


SOMERVILLE, Presiding Judge.

In this bench tried case the judge found defendant guilty of murder in the second degree (Section 559.020, RSMo 1969) and sentenced him to thirty years imprisonment.

The sole point relied on by defendant on appeal is cast in the following language: "The trial court erred in failing to acquit appellant of the crime charged by reason of mental disease or defect excluding responsibility insofar as appellant proved by a preponderance...

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