State v. Banks

MORGAN, Presiding Judge.

Charged as a second offender, § 556.280, RSMo 1969, defendant was tried to a jury and found guilty of first degree murder. The court assessed punishment at life imprisonment, and defendant has appealed. We affirm.

The events leading to defendant’s conviction occurred on Sunday, March 8, 1970. On that date, defendant, his brother Willie and Willie’s wife, Lamar, were at the home of a friend playing cards. Several others were in attendance, and the evidence indicates most were drinking during the day. However, no one admitted being drunk. The end result of the…