State v. Talbert

The conviction in this case is for murder in the first degree, the punishment for which the jury assessed at the extreme penalty. On defendant’s former appeal a like judgment and sentence was reversed and the cause remanded for the giving of an erroneous instruction. State v. Talbert, 351 Mo. 791, 174 S. W. 2d 144. The same error inhered in the first trial of one of his co-defendants, resulting, also, in the reversal and remanding of that case. See State v. Lyles, 351 Mo. 1174, 175 S. W. 2d 587. The affirmance of the second conviction of Lyles is reported in 353 Mo. 930, 185 S. W. 2d 642.

Defen…