State v. Whipkey

BOHLING, C.

[ 376] Roy H. Whipkey appeals from a judgment imposing a sentence of thirty-five years’ imprisonment for the murder, in the second degree, of Bobbie Jean Kerr. The case is pending on second appeal, a conviction imposing life imprisonment having been remanded for new trial, 358 Mo. 563, 215 S. W. 2d 492.

The State’s evidence warranted -the following findings. Appellant, who was married and thiry-six years of age, and Miss Kerr, who was nineteen, had been living together. Appellant had told Miss Kerr if he caught her with another man he would kill her. On the evening of July 29, 1946,…