Pomerleau v. State

Tom Glaze, Justice.

Appellant was charged with capital felony murder in the stabbing death and robbery of David Lynn Kay. After a jury trial in Pulaski County Circuit Court, appellant was convicted of felony murder in the first degree and sentenced to life imprisonment. Appellant’s sole point for reversal is that there was insufficient evidence to support his conviction.

Appellant freely admits he killed Mr. Kay, but he argues that, before he can be convicted of first degree murder under Ark. Code Ann. § 5-10-102(a)(l) (Supp. 1989), the state had to show he murdered Kay in the course and in the…