STATE v. BARNER

No. 13134.

659 S.W.2d 326 (1983)

STATE of Missouri, Plaintiff-Respondent, v. Donald R. BARNER, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

October 3, 1983.


Attorney(s) appearing for the Case

Tyrone Gaither, Louis J. Nolan, Gaither & Nolan, Springfield, for defendant-appellant.

John Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


MAUS, Presiding Judge.

The defendant was charged with murder in the second degree. He was found guilty by a jury and his punishment fixed at imprisonment for 18 years. A brief summary of the facts is sufficient to frame the issues. On the night of April 19, 1982, the defendant and four others were playing poker with the victim in his home near Everton. They were all in varying stages of intoxication. A quarrel developed between the victim and one Pierce over a pot...

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