State v. Kotka

Peterson, Justice.

Defendant, Raymond W. Kotka, was charged and convicted of murder in the second degree for the unpremeditated shooting to death of Nestor Marttinen in St. Louis County on October 3, 1961.

The primary issue on this appeal from the conviction is whether the alleged murder weapon, a .32-caliber pistol owned by defendant, was properly admitted into evidence over the present objection that it was the inadmissible fruit of an unlawful search and seizure. Mapp v. Ohio, 367 U. S. 643, 81 S. Ct. 1684, 6 L. ed. (2d) 1081, 84 A. L. R. (2d) 933. The argument, in greater detail, is that…