State v. Murphy

Mark Murphy appeals from a judgment imposing a sentence of fifteen years' imprisonment for the murder of John Paul Murphy, his brother. The case is here on second appeal [see 338 Mo. 291,90 S.W.2d 103]. The homicide was admitted. The defense was insanity. The instant record discloses the material facts are stated in the opinion of ELLISON, J., on the first appeal. Matters essential to a determination of this review will be set forth in connection with the discussion of specific issues.

Appellant's stated theory was that the conduct and statements of deceased evidencing a bitter feeling toward…