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eBook details

• Title: State Missouri v. Johnny Mitchell
• Author : Supreme Court of Missouri En Banc
• Release Date : January 09, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Appellant was convicted of two counts of capital murder, § 565.001, RSMo 1978. Punishment was fixed at two consecutive
terms of life imprisonment without eligibility for parole for fifty years. Appellant contends the trial court erred (1) by
authorizing the jury to find appellant guilty of capital murder if it found that defendant "or another" committed the offense;
(2) by overruling appellant's objection to the prosecutor's characterization of defense counsel's colsing argument as a "smoke
screen"; and (3) by allowing voir dire of the jury on the death penalty and excusing for cause a juror who said he would automatically
exclude the death penalty from his deliberations. Appellant, in a pro se brief filed out of time, also questions the sufficiency
of the information by which he was charged. Jurisdiction is in this Court under Mo. Const. art. V, § 3. We affirm. On December 20, 1978, at about 7:15 p.m., a customer came to the High Pockets Tobacco Store in Caruthersville, Prmiscot County,
Missouri, and discovered the bodies of William Parker, the proprietor, and Pierce Neeley. The coroner, who arrived at about
7:40 p.m., concluded that the two men had been dead about one to one and one-half hours. An autopsy revealed that both victims
had sustained several stab wounds and lacerations. The pathologist determined that Parker's death was caused by a stab wound
to the chest that punctured the heart. Neeley's death was caused by a laceration of the pulmonary artery. The pathologist
testified that both victims' wounds were caused by "some blunt instrument or bottle or can. . . ." Police investigators determined
that some change and currency was missing from the cash register. They discovered a broken beer bottle near the bodies, and
another bottle beneath Neeley's body.

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