State v. Cole

The appellant, 29 years old, was convicted in the circuit court of the City of St. Louis of murder in the first degree and his punishment assessed by the jury at death, for the killing of a seven year old girl by strangulation in the attempted commission of a rape upon her. Both parties were negroes. On a former appeal the case was reversed and remanded for the giving of an erroneous instruction. State v. Cole (Mo., Div. 2), 174 S. W. (2d) 172. On this second appeal he has filed no brief. We shall take up the assignments of error in his motion for new trial after stating the facts.

The mother…