State v. Burnett

[346], This is the second appeal in this case. An information Avas filed in the circuit court of New Madrid County, Missouri, charging appellant with murder in the first degree for having killed Hughey Kitchen on April 17,1943. On change of venue the case was sent to the circuit court of Mississippi County and at the first trial the appellant was found guilty of murder in the second degree. That sentence was reversed and remanded by this court for the failure to give certain instructions. The case is reported in 354 Mo. 45, 188 S. W. 2d 5l. At the second trial the appellant was found guilty…