STATE v. PAYNE

No. 41184.

612 S.W.2d 353 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Robert Earl PAYNE, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied February 13, 1981.


Attorney(s) appearing for the Case

Robert A. Hampe, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Jay Haden, Kathleen Mills, Asst. Attys. Gen., Jefferson City, George Peach, Circuit Atty., St. Louis, for plaintiff-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied February 13, 1981.

DOWD, Judge.

Robert Earl Payne, defendant-appellant, was convicted by a jury of manslaughter, arising from the shooting death of his wife, Kadelia Payne. Defendant was sentenced under the second offender act to a term of ten years in the custody of the Missouri Department of Corrections.

On this appeal, defendant contends that the trial court erred in (1) overruling his...

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