State v. Williams

HYDE, Presiding Judge.

Defendant was found guilty of murder in the second degree and has appealed from the judgment and sentence of 17 years in the penitentiary. The principal issue on appeal is whether the court erred in refusing to give an instruction on manslaughter.

Defendant was charged as an habitual criminal but this was not submitted to the jury. No brief has been filed by defendant, so we consider the assignments properly made in his motion for new trial. State v. Ulrich, Mo.Sup., 316 S.W.2d 537; State v. Stehlin, Mo.Sup., 312 S.W.2d 838. The only defense was insanity. Defendant did…