State v. Phillips

MORGAN, Chief Justice.

This case was transferred after opinion by the then St. Louis Court of Appeals, and we now consider the same as on original appeal.

Archie Lee Phillips was found guilty of murder second degree by a jury and punish ment was assessed at 35 years by the trial court. In order to reach its verdict, the jury had to have found that the victim, Pierre Walker, died as a result of a shootout between the appellant and one Edward Nathan Bell. The evidence supported such a conclusion.

On December 31, 1974, a conversation started between the appellant and Bell in a Chinese carry-out…