State v. Spivey

BLACKMAR, Judge.

The defendant, a pre-lingually deaf person, was found guilty of capital murder of another pre-lingually deaf person, and was sentenced to life imprisonment without possibility of probation or parole for fifty years. He appealed to the Court of Appeals, Eastern District, alleging five points of error. His first point reads as follows:

The trial court erred when it denied appellant’s motion to quash the indictment and when it denied appellant’s motion for new trial because the motion correctly identified Section 494.020(2) R.S.Mo. (1978) as excluding the cognizable group of…