State v. Sturdivan

HIGGINS, Commissioner.

Merle Richard Sturdivan, charged with murder, first degree, was convicted by a jury which assessed his punishment at life imprisonment. Sentence and judgment were rendered accordingly. §§ 559.010, 559.030, RSMo 1969, V.A.M.S. (Appeal taken prior to January 1, 1972.)

The case was submitted on instructions covering murder, first degree; and appellant contends, first, that the court erred in refusing to instruct on murder, second degree, and manslaughter, “there being sufficient evidence to support and require that submission.” He asserts that the evidence “suggested that…