State v. Roberts

RENDLEN, Judge.

A prison guard was murdered by inmates of the Missouri Training Center for Men at Moberly on July 3, 1983. For his part in the crime appellant was convicted of capital murder, § 565.001, RSMo 1978 (repealed effective 10-1-84) and sentenced to death,1 § 565.008, RSMo 1978 (repealed 10-*8591-84), accordingly under Mo. Const, art. V, § 3 the appeal falls within the original appellate jurisdiction of this Court.

Appellant assigns as error: (1) failure to instruct on the proper mental state for accomplice liability; (2) insufficiency of the evidence to sustain a conviction of capital…