State v. Wooten

FINCH, Judge.

Defendant was found guilty of manslaughter and sentenced to imprisonment for three years. We have jurisdiction because the notice of appeal was filed before January 1, 1972, at a time when we had jurisdiction of all felony appeals. We retain such cases for decision. Art. V, § 31, Mo. Const. V.A.M.S.

The single issue presented on appeal is whether defendant’s own evidence *563that the gun went off while defendant and deceased were struggling for possession thereof entitled defendant to his tendered instruction on accidental homicide. We hold that it did, and hence reverse and remand.

On…