# State v. Franco

> Supreme Court of Missouri · December 13, 1976 · 544 S.W.2d 533

URL: https://www.frixlaw.com/law-library/cases/9644658

## Case

- **Full name:** STATE of Missouri, Respondent, v. David S. FRANCO, Appellant
- **Court:** Supreme Court of Missouri
- **Decided:** December 13, 1976
- **Citations:** 544 S.W.2d 533; 1976 Mo. LEXIS 310
- **Precedential status:** Published
- **Opinion:** Dissent by Bardgett
- **Judges:** Donnelly, Morgan, Holman, Henley, Finch, Bardgett, Seiler
- **Cited by:** 160 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9644658

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9644658. Public record. Not legal advice.