Smizer v. State

GRANT, District Judge.

Appellant Joseph O. Smizer convicted of first degree murder, § 6-2-101(a), W.S. 1977 (June 1983 Replacement), and sentenced to life imprisonment, alleges three errors on appeal: admitting the testimony of three children; admitting evidence of appellant’s prior bad acts; and ruling that the evidence was sufficient to sustain the conviction of first degree murder.

We affirm.

Appellant and the victim, Marie Volcic (hereafter Marie) lived together during 1984 and 1985 with Marie’s three children, Jake, Jeff and Phil. On July 10, 1985, Smizer and Marie left the house together…