State v. Stallings

This is an appeal from a conviction of manslaughter. It is the second appeal in the case. [See 326 Mo. 1037, 33 S.W.2d 914.] At the first trial appellant was convicted of murder in the second degree and his punishment was fixed at fourteen years' imprisonment in the penitentiary. The judgment of conviction was reversed and the cause remanded for a new trial. The second trial resulted in a conviction of manslaughter with a punishment of eight years' imprisonment in the penitentiary.

From the State's evidence we learn that the shooting, which resulted in the death of Mrs. Bertha Stallings,…