State v. Sweeney

KAROHL, Judge.

Defendant appeals conviction and sentence for second degree murder, § 565.021 RSMo Cum.Supp.1984. A jury found defendant guilty of this crime when considering an indictment charging first degree murder, § 565.020 RSMo Cum.Supp.1984. The indictment charged that defendant, after deliberation, knowingly killed Franklin Lee Smith on August 22, 1985. The cause of death was a stab wound to the heart.

This appeal does not contest the sufficiency of the state’s evidence. During his direct testimony defendant admitted stabbing Franklin Smith. He also admitted talking to the police about…