Supreme Court of Missouri March 9, 1970, 54811 (State v. Fleming)

HOUSER, Commissioner.

Lowell Eugene Fleming, convicted by a jury of second degree murder of his wife and sentenced to 10 years’ imprisonment, has appealed.

The killing occurred in a tavern. Present in addition to defendant and his wife were the tavern owner, Tuffy Lowry, and customers Max Richardson and Albert Mitchell. Tuffy Lowry testified at length at the preliminary hearing.