State v. Thomas

KAROHL, Judge.

We affirm the conviction and life sentence imposed after the jury convicted defendant of murder in the second degree and after the court adjudged defendant to be a prior and persistent offender. The grand jury indicted defendant, and others, on the charge of murder in the first degree in violation of § 565.020.1 RSMo 1986. The indictment alleged defendant and four others, deliberately and knowingly, caused the *130death of Daryl Toran “by striking, stabbing, kicking and beating him with boards, a rifle, sticks, and fists.” The state waived the death penalty. The jury convicted…