State v. Achter

STOCKARD, Commissioner.

Defendant was prosecuted under the Second Offender Act, §§ 556.280 and 556.290 (all statutory references are to RSMo 1959 and V.A.M.S.), for manslaughter in the death of Mrs. Gladys Brown by reason of culpable negligence in the operation of an automobile in violation of § 559.070. The court fixed the punishment at imprisonment for a term of five years, and defendant has appealed.

In the automobile collision resulting in the charge in this case, Mr. Beck Brown was also killed and defendant was charged and found guilty of manslaughter by reason of his death. On appeal the…