State v. Stout

DONNELLY, Judge.

Appellant, Jerry Lynn Stout, was convicted of murder in the second degree by a jury in the Circuit Court of Cass County, Missouri, and his punishment was assessed at a term of thirty-five years imprisonment. Following rendition of judgment and imposition of sentence an appeal was perfected to this Court.

In the early morning of July 17, 1968, an intruder entered the apartment of Gary Frieders and his wife, Judy, and beat them with a blunt instrument as they lay sleeping. Judy Frieders died on September 16, 1968, of injuries received from the beating.

During the investigation of…