State v. Zeitvogel

RENDLEN, Judge.

Defendant, convicted by a jury of capital murder, § 565.001, RSMo 1978 (repealed effective October 1, 1984), was sentenced to death for the March 25, 1984, strangulation killing of his cellmate Gary Wayne Dew in the Missouri State Penitentiary. Because the death sentence was imposed, the cause falls within this Court’s exclusive appellate jurisdiction. Mo. Const, art. V, § 3. We affirm.

While defendant does not challenge the sufficiency of the evidence to support his conviction, we observe that from the evidence supportive of the verdict, the jury reasonably could have found the…