State v. Smart

DALTON, Judge.

Defendant was charged with murder in the first degree of one Louis McGee in New Madrid County, Missouri, on November 28, 1957. See Section 559.010 RSMo 1949, V.A.M.S. He was convicted of murder in the second degree and his punishment fixed at ten years’ imprisonment in the state penitentiary. He has appealed and first contends that the court erred in not sustaining his motion for judgment of acquittal offered at the close of all the evidence. See Supreme Court Rule 26.10, 42 V.A.M.S.

On the evening of November 28, 1957, there was a basketball game in the high school gymnasium at…