STATE v. GAY

No. WD31720.

622 S.W.2d 785 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Elenor Joyce GAY, Defendant-Appellant.

Missouri Court of Appeals, Western District.

September 29, 1981.


Attorney(s) appearing for the Case

James W. Fletcher, Public Defender, Gary L. Gardner, Asst. Public Defender, Kansas City, for defendant-appellant.

John Ashcroft, Atty. Gen., Jefferson City, Darrell Panethiere, Asst. Atty. Gen., Kansas City, for plaintiff-respondent.

Before KENNEDY, P.J., and SHANGLER and WASSERSTROM, JJ.


WASSERSTROM, Judge.

Defendant appeals from her conviction of murder in the second degree and the sentence of 35 years imprisonment. The issue here concerns her asserted defense of justifiable homicide. We affirm.

The basic facts are not in dispute. In January 1978 defendant sent her two small children from Chicago to live with her father Zane Whittaker and his wife (defendant's step-mother) Dola, in their home in Kansas City. When the children arrived, Zane...

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