State v. Johnson

*836ELLISON, C. J.

The appellant was convicted of murder in the first degree under Sec. 559.010, R. S. 1949, Sec. 4376, Mo. R. S. A. and his punishment assessed at death, for shooting with a pistol and killing one Pelham C. Scott, a member of the police force of Overland in St. Louis -County. His motion for a new trial assigned ■error on four grounds, the first three of which complained that there was no substantial evidence to support the verdict; that it was against the law and the evidence; and that it was against the weight of the evidence and the result of bias, prejudice and passion.

The…