State v. Thomas

HYDE, Judge.

Defendant has appealed from a conviction of murder in the second degree and sentence of ten years in the penitentiary. He has filed no brief so we consider the assignments of error properly made in his motion for new trial. State v. Campbell, Mo.Sup., 262 S.W.2d 5. This requires consideration of whether there was sufficient evidence to support the verdict on defendant’s claim that he was entitled to a directed verdict.

Defendant shot and killed Chris Huntley but claimed it was done in self-defense. On March 30, 1956, 20 head of deceased’s cattle had been “put up” by defendant on…