State v. Markel

This is an appeal from a conviction of murder in the second degree. Punishment assessed was ten years' imprisonment in the penitentiary. The shooting, out of which the charge against appellant arose, occurred in Cape Girardeau County, Missouri. The case was tried on change of venue in Scott County. The trial court submitted the case to the jury on the question of murder in the first and second degrees and manslaughter.

The evidence disclased the following: Appellant was a medical doctor living in the town of Allenville, Missouri. He had practiced his profession in this vicinity for many years.…