State v. Malone

Defendant shot and killed one Arthur Marshall. Being charged with murder in the first degree he was convicted of murder in the second degree and sentenced to twenty years' imprisonment in the penitentiary, and he appealed. He admitted the shooting, claiming self-defense.

The homicide occurred late in the night of September 25, 1929, in a small restaurant, locally called a "pig stand," at Sikeston, Missouri. There is no evidence to indicate that Marshall and Malone, whom we shall refer to as deceased and defendant respectively, had been unfriendly prior to that night. A short time, perhaps…