State v. Smith

WELLIVER, Judge.

Appellant, Gerald Smith, was convicted of first degree murder, § 565.020, RSMo 1986. After finding aggravating circumstances as required by § 565.030.4, RSMo 1986, the jury imposed a sentence of death. Appellant appeals from the conviction and sentence.

This Court has exclusive appellate jurisdiction in all cases in which the penalty of death is imposed. Mo. Const, art. Y, § 3. We affirm both the judgment and the sentence.

I

The sufficiency of the evidence is not in dispute. The evidence is presented in the light most favorable to the verdict.

Appellant,1 Frank Joseph Guinan,2 and…