State v. Maxie

BARDGETT, Presiding Judge.

Defendant Thomas Maxie appeals from a conviction of murder in the second degree, a felony, for which he was sentenced to twenty 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.

Maxie was charged by indictment filed April 28, 1970, with murder in the first degree of Rose' Schuh on March 26, 1970. Trial began on October 4, 1971, and on that date an information was substituted for the indictment. The substitute information alleged that the defendant feloni-ously, et cetera,…