STATE v. SIVILS

No. KCD 30068.

589 S.W.2d 617 (1979)

STATE of Missouri, Respondent, v. Gerald W. SIVILS, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 29, 1979.


Attorney(s) appearing for the Case

Lee M. Nation, Asst. Public Defender, Charles A. Gallipeau, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Paul R. Otto, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P. J., and SWOFFORD and CLARK, JJ.


CLARK, Judge.

Gerald W. Sivils was tried before a jury which found him guilty of manslaughter and assessed his punishment at a term of ten years. Judgment and sentence were entered by the trial court in accordance with the verdict.

On this appeal, Sivils contends that the trial court erred in failing to instruct the jury on the elements of justifiable homicide and excusable homicide which constituted Sivils' defense and which, he asserts, were appropriately...

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