State v. Smith

STORCKMAN, Judge.

The defendant Charles Smith was found guilty by a jury of murder in the second degree and was sentenced by the court to fifty years in the custody of the Department of Corrections pursuant to the Second Offender Act. Section 556.280, RSMo 1959, V.A.M.S. The defendant and his brother Elmer were jointly charged with first-degree murder, but the defendant was granted a severance and tried separately. He was ably represented at the trial by the public defender of Callaway County who also represents him on this appeal. The contentions on appeal are that the trial court erred in…