State v. Lyles

Leo Lyles was convicted in the circuit court of St. Louis county, Missouri, of murder in the first degree and his punishment assessed at death. He duly appealed from the judgment imposed. This is the second appeal. In the first trial appellant was sentenced to suffer the death penalty but this court remanded the case for retrial because of the giving of an erroneous instruction. See State v. Lyles, 351 Mo. 1174, 175 S.W.2d 587. See also a companion case, State v. Talbert, 351 Mo. 791,174 S.W.2d 144.

[1] The only point briefed by appellant on this appeal is stated as follows in his brief:

"It is…