State v. Williams

STOCKARD, Commissioner.

Defendant Charlie Williams was charged under the second offender, act, Section 556.280, RSMo 1959, V.A.M.S., with murder, second degree, for killing Joe Matthews. He was found guilty by a jury of manslaughter, sentenced by the court to imprisonment for two years, and he has appealed.

Defendant admits that a submissible case of murder, second degree, was established by the evidence. Over his objection the trial court gave an instruction on manslaughter. Defendant contends on this appeal that by reason of the rule announced in State v. Bongard, 330 Mo. 805, 51 S.W.2d 84;…