State v. Smith

CLEMENS, Senior Judge.

A jury found defendant Otis Lee Smith guilty of the capital murder of his landlords Pierre Fortson and Bernice King. The trial court sentenced defendant under RSMo. Sect. 565.001 to consecutive term of *520life imprisonment with eligibility for parole for minimum of 50 years on each count.

Here defendant raises the single point the court erred in denying his exonerating intoxication instructions. (MAI-CR 2nd 3.30.1).

The relevant evidence from defendant’s unchallenged statements to police and his trial testimony: He was a heavy drinker. He had rented a room from the victims…