State v. Smith

MAUS, Judge.

The defendant was charged with murder in the first degree. § 565.020.1, RSMo Supp.1984. The state waived the death penalty. A jury found him guilty. The defendant was sentenced to imprisonment for life without eligibility for probation or parole. § 565.020.2, RSMo Supp.1984. He presents three points on appeal.

The following is a synopsis of the evidence viewed favorably to the verdict. State v. Esrock, 660 S.W.2d 222 (Mo.App.1983). The retired defendant lived in Lockwood. For a number of years it was his routine to spend the afternoons and evenings drinking beer in Stockman’s…