Kurtz v. State

CRIST, Judge.

This appeal is from a trial court order denying without an evidentiary hearing movant’s Rule 27.26 motion to vacate her life sentence imposed on her conviction of first degree murder. We affirm.

In May, 1975, a jury convicted movant under § 559.010, RSMo.1969 (since repealed) of the first degree murder of her husband by poisoning him. We transferred her appeal to the Supreme Court, which reviewed for “plain error” under what is now Rule 29.12(b) (as the point was not preserved in movant’s motion for new trial) the trial court’s failure to instruct down through second degree murder…