State v. Stewart

Tried for murder in the first degree for the killing of Walter Allison in Pike County on December 23, 1916, defendant was convicted of murder in the second degree and sentenced to a term of ten years in the penitentiary.

The case was here on former appeal. The opinion of the court thereon is reported in 278 Mo. 177. That, trial resulted in a conviction of murder in the same degree and a like punishment was imposed. The facts stated in that opinion are practically identical with those in the case before us. There is, however, some difference in details.

The undisputed facts are that the…