State v. Caldwell

ROBERT G. DOWD, Special Judge.

The defendant was charged under the Second Offender Act (Sec. 556.280)1 with murder in the second degree (Sec. 559.020). The defendant admitted his prior felony conviction. The trial court made the necessary findings with reference to a prior felony conviction. The jury found the defendant guilty of manslaughter and he was sentenced under the Second Offender Act to ten years’ imprisonment. The defendant has appealed from the ensuing judgment.

The evidence in behalf of the State supports a finding of the following facts: That on January 21, 1967, about 1:00 a. m.…