State v. Simmons

In the Circuit Court of Dunklin County, Missouri, appellant was convicted of murder in the second degree. His punishment was assessed at forty years' imprisonment in the State penitentiary. A motion for a new trial was timely filed and overruled. Thereafter defendant was sentenced and from this sentence an appeal was taken.

Appellant was charged with murder in the first degree. The evidence adduced reveals the following: Appellant and deceased, Edgar Connor, alias Ted Cross, lived in Kennett, Dunklin County, Missouri. A short time prior to the fatal shooting the father of appellant had been…