State v. Whiteaker

BARDGETT, Presiding Judge.

Cletus Edward Whiteaker was found guilty of murder in the second degree by a jury which assessed punishment at 10 years imprisonment. The court entered judgment and sentence accordingly and defendant appealed prior to January 1, 1972. This court has jurisdiction. Art. V, Sec. 3, Const, of Mo. 1945 as amended, V.A.M. S.

At about 5:30 p. m. on Friday, March 20, 1970, Betty Jean Whiteaker, defendant’s estranged wife, was shot and killed in Gallatin, Mo. Defendant was charged with first degree murder and, as stated, was convicted of second degree murder. Defendant…