State v. Varner

BARRETT, Commissioner.

Upon circumstantial evidence and a charge of murder in the first degree, a jury has found that Victor I. (“Tex”) Varner shot and killed Larry Dale Irwin, that he was guilty of murder in the second degree and, accordingly, fixed his punishment at ten years’ imprisonment. In approved and appropriate language the information charged Tex with the offense of murder in the first degree (V.A.M.S. § 559.010), but the jury had the duty and could and did find the included and lesser offense of murder in the second degree and affixed the minimum punishment. V.A.M.S. §§ 556.-220,…