State v. Conway

Kenneth David Conway was convicted of murder in the first degree and sentenced to suffer the penalty of death.

By an irrefragable set of circumstances the state's evidence shows that Conway, an habitual criminal, shot and killed Cecil Curd, a filling station attendant, and the question presented by this appeal is whether the proof shows the killing to have been "deliberate and premeditated" compelling a verdict of murder in the first degree. Mo. R.S.A., Sec. 4376.

[1] The state contends that the defendant's motion for a new trial is too general to save the point for review by this court. But…