State v. Duncan

HOLMAN, Judge.

Defendant, Napoleon Jerome Duncan, was charged with the offense of murder in the second degree. Upon trial he was found guilty and his punishment was fixed by the jury at imprisonment for a term of ten years. See §§ 559.020 and 559.030. 1 He has appealed.

There was evidence to indicate that on January 12, 1969, defendant shot Donald Regans and that Regans died shortly thereafter as a result of that wound. Since the only contention of error on appeal relates to the ruling on a pretrial motion no further facts need be stated.

The sole point presented to this court is that “the trial…