State v. Atkins

BARDGETT, Judge.

Defendant-appellant David Atkins was found guilty of murder in the second degree, a felony, by a jury which assessed punishment at fifty years’ imprisonment. The court entered judgment accordingly and defendant appeals. Notice of appeal was filed prior to January 1, 1972. This court has jurisdiction. Mo.Const., Art. V, § 31(4), as amended 1970, V.A.M.S.

Defendant does not question the sufficiency of the evidence.

On the evening of March 5, 1970, in an area known as the Wellston Loop which is located just to the west of Hodiamont Avenue, between Easton and Theodosia Avenues, in…