State v. Arbeiter

WELBORN, Commissioner.

Appeal from 40-year sentence on jury verdict finding appellant Joseph Franz Ar-beiter guilty of murder in the second degree.

Appellant was originally charged by indictment in the St. Louis Circuit Court with first degree murder for the stabbing death of Nancy Zanone in December, 1963. A sentence of life imprisonment on that charge was reversed in State v. Arbeiter, Mo., 408 S.W.2d 26. The basis of the reversal was the admission into evidence at the trial of statements made by the defendant to police officers while the defendant was in police custody. Such statements were…