State v. Merritt

STEPHAN, Judge.

Darryl Merritt and his twin brother, Derrick, were jointly tried and convicted of first degree murder, § 565.020.1, RSMo, Cum.Supp.1984, for the shooting death of Ronald Butler, Jr. Both received life sentences. Derrick Merritt’s conviction has been affirmed by this Court. State v. Merritt, 734 S.W.2d 926 (Mo.App.1987). This is Darryl Merritt’s appeal.

On February 15,1985, Ronald Butler, Jr., stopped at an Amoco station and purchased gasoline from Derrick Merritt. Shortly af-terwards, he realized he had not received change and returned to the station to ask about it. Derrick…