State v. Lee

GUNN, Judge.

Defendant was convicted of first degree murder, § 565.003, RSMo 1978. His sentence was life imprisonment. Although the 1982 amendment to Mo. Const, art. V, § 3 placed jurisdiction of life imprisonment cases in the Missouri Courts of Appeals, this Court has retained jurisdiction in those cases under submission on the effective date of the amendment. State v. Martin, 644 S.W.2d 359, 360 (Mo. banc 1983). That is the situation in this ease.

Defendant relies on three points of alleged error in his appeal: 1) failure to instruct on the offense of second degree murder; 2) failure to grant…