State v. Mitchell

WELLIVER, Judge.

Appellant was convicted of two counts of capital murder, § 565.001, RSMo 1978. Punishment was fixed at two consecutive terms of life imprisonment without eligibility for parole for fifty years. Appellant contends the trial court erred (1) by authorizing the jury to find appellant guilty of capital murder if it found that defendant “or another” committed the offense; (2) by overruling appellant’s objection to the prosecutor’s characterization of defense counsel’s closing argument as a “smoke screen”; and (3) by allowing voir dire of the jury on the death penalty and excusing…