State v. Franco

BARDGETT, Judge

(dissenting).

I respectfully dissent. As demonstrated by the principal opinion, this is purely a circumstantial evidence case and is, in my opinion, controlled by State v. Johnson, 505 S.W.2d 94 (Mo.1974), which was followed in State v. Stapleton, 518 S.W.2d 292 (Mo. banc 1975). See also my concurring opinion in State v. Mudgett, 531 S.W.2d 275, 283 (Mo. banc 1975). According to those cases, the court in the instant case was required to instruct on manslaughter and the failure to do so is reversible error.