State v. Jones

WELLIVER, Judge.

Appellant was convicted of capital murder, § 565.001, RSMo 1978 (repealed October 1, 1984, now first degree murder § 565.020, RSMo Cum.Supp.1984), and sentenced to death, and he was also convicted of armed criminal action, § 571.015.1, RSMo 1978, and sentenced to three years in the Missouri State Penitentiary. Original appellate jurisdiction vests in this Court. Mo. Const, art. V, § 3. We affirm.

The evidence presented at trial is not at issue on appeal. The victim, Dorothy Fien-hold, was fifty-eight years old at the time of her death. Appellant, who was sixty-three at the time…