State v. Tinson

WELBORN, Commissioner.

Appeal, filed prior to January 1, 1972, from judgment of conviction and 50-year sentence on jury verdict of guilty of murder in the second degree.

This is the second appeal in this matter. In State v. Tinson, Mo.Sup., 461 S.W.2d 764, a conviction for murder in the first degree was reversed because the trial court failed to instruct on manslaughter.

The evidentiary facts are much the same as set out in the prior opinion and there is no necessity, in view of the issues raised on this appeal, of repeating them in detail.

The appellant, Robert Lee Tinson, admitted that he fired…