State v. Battles

[755]

The appellant was convicted in the .circuit court oí the city of St. Louis, Missouri, of murder in the second degree and his punishment was assessed at imprisonment in the state penitentiary for a term of 15 years. He has duly appealed to this court. ■ Appellant contends that the trial court erred in refusing to give his requested instruction directing a verdict to acquit him. The evidence on behalf of the State is as follows: On March 3.0, 1946, Thomas Fulton, the deceased, and Clarence M. Sullivan were working at the Paula Products Company, a factory located at 2905 Washington Avenue,…