State v. Swearingin

FLANIGAN, Judge.

Defendant Jackie E. Swearingin, charged as a second offender (§ 556.280), 1 was found guilty by a jury of jtnurder in the second degree (§ 559.020), and was sentenced by the court to 40 years’ imprisonment. Defendant appeals.

On June 19, 1976, in a bar known as the Jockey Club in Springfield, Missouri, Larry Brown was stabbed with a knife during a brawl. He died six days later as a direct result.

On July 29, 1976, a felony information was filed, naming appellant and his brother Ricky Swearingin as defendants. Each filed a motion for separate trial and separate trials were…