STATE v. SMITH

No. 37154.

539 S.W.2d 571 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Jerome Cecil SMITH, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Three.

Motion for Rehearing or Transfer Denied June 15, 1976.

Application to Transfer Denied September 13, 1976.


Attorney(s) appearing for the Case

C. Adelman-Adler, James C. Jones, Asst. Public Defender, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Chief Counsel, Crim. Div., Jefferson City, Brendan Ryan, Circuit Atty., John F. White, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


GUNN, Judge.

Defendant appeals his conviction for manslaughter and a sentence to 10 years imprisonment under the Second Offender Act. On appeal defendant's only contention is that the trial court erred in failing to instruct on excusable homicide. We find no error and affirm the judgment.

This appeal is from the second trial of this case, as a conviction of the defendant for second degree murder was reversed and...

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