STATE v. FERGUSON

No. KCD 30255.

581 S.W.2d 132 (1979)

STATE of Missouri, Plaintiff-Respondent, v. John Thomas FERGUSON, Defendant-Appellant.

Missouri Court of Appeals, Western District.

April 30, 1979.


Attorney(s) appearing for the Case

R. J. O'Hanlon, Lee, O'Hanlon & Brady, St. Louis, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Jefferson City, Earl W. Brown, III, Special Asst. Atty. Gen., Kansas City, for plaintiff-respondent.

Before DIXON, P. J., and TURNAGE and KENNEDY, JJ.


DIXON, Judge.

Defendant appeals his conviction of second degree murder. Defendant was tried under the provisions of the Second Offender Act, § 556.280 RSMo 1969, and, upon a jury finding of guilt, the trial judge imposed a sentence of thirty years.

A single issue is presented. The defendant asserts that the trial court erred in refusing defendant's instruction on self-defense predicated upon a theory of "appearances."

Defendant struck and killed...

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