State v. West

SOMERVILLE, Presiding Judge.

In this bench tried case the judge found defendant guilty of murder in the second degree (Section 559.020, RSMo 1969) and sentenced him to thirty years imprisonment.

The sole point relied on by defendant on appeal is cast in the following language: “The trial court erred in failing to acquit appellant of the crime charged by reason of mental disease or defect excluding responsibility insofar as appellant proved by a preponderance or greater weight of the credible evidence that he was suffering from such a mental disease or defect at the time he shot Hercules…