State v. Euell

BARDGETT, Judge.

Appellant David Franklin Euell’s (hereinafter defendant) conviction of murder in the second degree and thirty-year sentence was affirmed by the Missouri Court of Appeals, Eastern District, after which we sustained defendant’s motion to transfer. Art. 5, sec. 10, Mo.Const., Rule 83.03.

Defendant does not challenge the sufficiency of the evidence. Only the facts necessary to resolution of the three points on appeal will be set forth.

Defendant and Eleanor First were married in 1968, had one child, and were separated in 1974, but not divorced. Eleanor lived in an apartment with one…