State Missouri v. Daniel L. Ivicsics

Defendant, Daniel Ivicsics, stabbed his brother, Robert Ivicsics. Robert subsequently died. A jury found defendant guilty
of manslaughter, and he was sentenced to eight years imprisonment. Defendant raises 8 points on appeal. Finding one to have
merit, we reverse and remand for a new trial and address those other issues which may arise on retrial. Prior to the stabbing, defendant and his brother Robert were not on friendly terms. Robert had threatened to kill defendant
and, just prior to the stabbing, he had threatened to shoot defendant. On the evening of September 19, 1977, defendant and
Robert began arguing and fighting inside defendant's trailer. Defendant ordered Robert to leave the trailer and, when Robert
refused to do so, a Michael Atwood, who was also at the scene, forcibly pushed Robert out of the trailer. What then ensued
is the subject of dispute.