State v. Nasello

In a verified information filed in the Circuit Court of Jackson County by the prosecuting attorney, defendant and others were charged with murder in the first degree with the killing of one James H. Smith. Upon a severance taken, defendant was tried to a jury. The verdict of the jury was guilty of murder in the first degree, as charged in the information, and the punishment assessed was death. After an unsuccessful motion for a new trial, the court entered judgment in accordance with the verdict. Defendant appealed.

The evidence submitted on behalf of the State warrants the finding that, on…