State v. Davis

STORCKMAN, Judge.

The defendant was found guilty of murder in the second degree, Section 559.020, RSMo 1959, V.A.M.S., and was sentenced to imprisonment for a term of ten years in accordance with the verdict of the jury. He has appealed but has filed no brief, so the case is before us on the transcript of the record and the brief of the state.

In this situation we review the assignments of error properly preserved in the motion for new trial and the essential parts of the record. S.Ct. Rules 27.20 and 28.02, V.A.M.R.; State v. Weindorf, Mo., 361 S.W.2d 806, 808 [1]. The assignments of error…