# State v. Franco

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

URL: https://www.frixlaw.com/law-library/cases/9644659

## 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:** On rehearing
- **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/9644659

## Opinion text

ON MOTION FOR REHEARING
PER CURIAM:
Appellant’s motion for rehearing is overruled.
The Court emphasizes that where conventional murder instructions are supported by the pleadings and evidence and are given, there must be an automatic submission of manslaughter. This requirement has been in effect since March 1, 1975 (see Notes on Use, MAI-CR 6.02). This case was tried prior to March 1, 1975.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9644659. Public record. Not legal advice.