State v. Lute

WELLIVER, Judge.

Appellant was convicted of capital murder under § 559.010, RSMo 1978. Punishment was fixed at life imprisonment without probation or parole for a minimum of 50 years. Appellant contends that the trial court erred (1) by using MAI-CR2d (postcode) instructions when MAI-CR (pre — code) instructions should have been used for the trial of this pre-code offense; (2) by twice failing to give MAI-CR 2.05 as a lead-in paragraph to the submission of lesser included offenses; (3) by refusing a non-MAI-CR instruction based on § 556.180, RSMo 1969; (4) by failing to instruct on first…