State v. Nelson

HIGGINS, Commissioner.

Steven Gale Nelson was convicted by the jury of murder, first degree. His punishment was assessed at life imprisonment, and sentence and judgment were rendered accordingly. § 559.010 RSMo 1969, V.A. M.S. (Appeal taken January 11, 1973; jurisdiction retained pursuant to order April 9, 1973.)

Appellant contends first that the court erred in submitting this case as murder, first degree, “for the reason that the evidence is insufficient to permit the jury to specifically find all the constituent elements of the same offense, namely, the elements of deliberation and…