STATE v. DONAHUE

No. WD 32183.

625 S.W.2d 947 (1981)

STATE of Missouri, Respondent, v. Jewell DONAHUE, Appellant.

Missouri Court of Appeals, Western District.

December 8, 1981.


Attorney(s) appearing for the Case

James L. McMullin of McMullin, Wilson & Schwarz, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for respondent.

Before MANFORD, P. J., and DIXON and NUGENT, JJ.


MANFORD, Presiding Judge.

This appeal follows a conviction for murder second degree in violation of § 565.004, RSMo 1978. The jury affixed punishment at 50 years confinement in the Department of Corrections. The judgment is affirmed.

One point of error is presented, which in summary alleges the trial court erred in refusing to grant appellant's motion for acquittal because the inconsistent and uncertain testimony of a prosecution witness rendered the...

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