State v. Hoelzer

WASSERSTROM, Judge.

Defendant was charged with murder and as a second offender. The jury found him guilty of murder in the second degree, and the court imposed a sentence of 99 years.

On June 19, 1971, defendant was an inmate in the Missouri State Penitentiary at Jefferson City. Early in the afternoon on that date, he left his cell and went to J Hall, where food was being served. Charles Monroe Smith, another inmate, was serving iced tea in the serving line. After defendant got to the serving line, a fight occurred which resulted in Smith’s death.

Two guards were present at the time and…