State v. Patterson

DONNELLY, Judge.

Appellant, Wardell Hardin Patterson, Jr., was convicted of murder in the second degree by a jury in the Circuit Court of Montgomery County, Missouri, and his punishment was assessed at 30 years in the penitentiary. Following rendition of judgment and imposition of sentence, an appeal was perfected to this Court.

Appellant’s sole point on appeal is that the trial court erred in refusing to give an instruction on manslaughter.

It is now well-established that unless we can declare as a matter of law that there is “an entire absence of evidence upon which to rest a verdict of guilty…