State v. Hale

HOUSER, Commissioner.

Olon Hale was charged with and found guilty of murder in the second degree. Punishment was assessed at imprisonment in the penitentiary for a period of 10 years. Judgment was rendered accordingly. Defendant appealed but filed no brief. It is our duty to examine all of the assignments of error, lettered A to Q, in appellant’s motion for a new trial. Supreme Court Rule 28.02, V.A.M.R.

From the state’s evidence and the inferences reasonably to be drawn therefrom the jury could have found these facts: Appellant went to Pearl Ann Moore’s third floor living quarters with a…