State v. Payne

HYDE, Judge.

Defendant was convicted of manslaughter (Sec. 559.070) having also been charged under the Habitual Criminal Act. (Sec. 556.280; statutory references are to RSMo, 1959 revision, and V.A.M.S.) After a jury verdict of guilty, the court, having found previous convictions, sentenced defendant to imprisonment for ten years. Defendant has appealed but has filed no brief so we consider the assignments properly .made in his motion for new trial.

Defendant raises the question of the sufficiency of the evidence to make a case (assignments 18 and 20) so we will state the facts shown by the…