State v. Ayers

DONNELLY, Judge.

This is an appeal from a six-year-sentence, imposed under the Second Offender Act, upon a jury verdict finding appellant, Robert Lee Ayers, guilty of manslaughter. V.A.M.S. § 559.070. In this opinion, which is written on reassignment, we adopt substantial portions of the opinion written by Welborn, C., in Division One of this Court.

On June 26, 1966, Charles Gibson was a tenant and occupant of a second-floor apartment at 947 Laurel Avenue in the City of St. Louis. Shortly before noon on that date, residents of other apartments in the building saw Gibson enter his apartment,…