State v. Jackson

DONNELLY, Judge.

Appellant, Theodore Jackson, was convicted of murder in the second degree by a *2jury in the Circuit Court of the City of St. Louis, Missouri, and his punishment was assessed at 15 years in the penitentiary. Following rendition of judgment and imposition of sentence, an appeal was perfected to this Court. The case was heard in Division Two of the Court and was then transferred to, and heard, in the Court en Banc.

Appellant’s first point on appeal is that the trial court’s instruction on murder in the second degree was erroneous “because it did not require the finding of a…