State v. Giannico

RENDLEN, Judge.

Indicted for murder, second degree, (§ 559.020, RSMo 1969), defendant was convicted by the jury of manslaughter and sentenced to a term of ten years with the Department of Corrections. Affirmed in the Missouri Court of Appeals, Western District, the cause was brought here and by opinion in Division the conviction was again affirmed. Thereafter the cause was transferred to the Court en Banc where it has been reviewed as though on original appeal, Mo. Const. Art. V, § 10, and once more the conviction is affirmed.

The evidence established that on October 24, 1977, defendant with…