State v. Gardner

WELBORN, Commissioner.

Appeal from judgment of conviction, on jury verdict finding Stephen Gardner guilty of capital murder, § 565.001, RSMo 1978, with sentence to life imprisonment without eligibility for parole until a minimum of fifty years of the sentence has been served.

This case arises from the incident detailed in State v. Mercer, 618 S.W.2d 1 (Mo. banc No. 61797, decided May 11, 1981).

According to the state’s evidence, the appellant Gardner provided the victim, Karen Keeton, as a “birthday present” for Mercer. After the victim, having been threatened by Mercer with a sawed-off shotgun,…