State v. Stapleton

BARDGETT, Presiding Judge.

Thomas R. Stapleton was charged with murder in the second degree and convicted by a jury of voluntary manslaughter, a felony, Sec. 559.070, RSMo 1969, V.A.M.S. The jury could not agree on punishment and the court sentenced defendant to ten years’ imprisonment. Notice of appeal was filed prior to January 1, 1972. This court has jurisdiction. Mo.Const., Art. V, Sec. 31(4), V.A.M.S.

Appellant’s first point is that the evidence is insufficient to support the submission of murder in the second degree and to support a conviction of voluntary manslaughter.

Appellant and…