State v. Berry

BARRETT, Commissioner.

A jury has found that Delbert Berry was guilty of manslaughter when he shot Preston Hutchings on April 7, 1951, in Excelsior Springs, Clay County, Missouri. The jury was unable to agree on the punishment to be inflicted, however, and the trial court fixed his punishment at five years’ imprisonment. V.A.M.S. § 546.440. Upon this appeal, as in the trial of his case, the appellant is represented by several very capable, experienced lawyers and they have briefed and preserved for review the single question, Sup.Ct. Rule 28.02, 42 V.A.M.S.; State v. Reese, 364 Mo. 1221, 274…