STATE v. STUBENROUCH

No. 38700.

591 S.W.2d 42 (1979)

STATE of Missouri, Plaintiff-Respondent, v. George STUBENROUCH, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, En Banc.

Motion for Rehearing or Transfer Denied November 20, 1979.

Application to Transfer Denied January 15, 1980.


Attorney(s) appearing for the Case

Lawrence J. Fleming, St. Louis, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Paul R. Otto, Chief Counsel, Asst. Atty. Gen., Nanette Laughrey, Stanley Robinson, Asst. Attys. Gen., Jefferson City, Daniel M. Buescher, Pros. Atty., Franklin County, Union, for plaintiff-respondent.


STEWART, Judge.

Defendant was convicted by a jury of manslaughter and sentenced to six years imprisonment for the death of William Homfeldt, who died of a gun shot wound. He appeals from the judgment entered in accordance with the verdict of the jury. We reverse and remand.

Defendant concedes that there was sufficient substantial evidence to support the judgment. The primary issues presented are whether the court erred in refusing to give instructions submitted...

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