State v. Morgan

The United States Supreme Court remanded the within cause to this Court with directions to reconsider the appeal in light of Whalen v. United States, 445 U.S. 684, 100 S.Ct. 1432, 63 L.Ed.2d 715 (1980). Morgan v. Missouri, - U.S. -, 101 S.Ct. 56, 66 L.Ed.2d 12 (1980). The prior opinion of this Court is reported at 592 S.W.2d 796 (Mo. banc 1980). In the context of this appeal, Whalen requires a determination as to whether the legislature (the General Assembly of the State of Missouri) intended that a defendant found guilty of killing another while committing the felony of stealing over fifty…