Newman v. State

TITUS, Judge.

Jack Newman was jury-convicted of murder in the first degree in the death of Burnal Ray Brown in the perpetration of a robbery which occurred on October 16, 1978. The conviction was affirmed upon appeal. State v. Newman, 605 S.W.2d 781 (Mo.1980). He now appeals from the trial court’s denial of his Rule 27.26 1 motion following an evidentiary hearing.

Newman was charged only with capital murder in respect to the killing of Brown. The criminal cause was submitted to the jury under instructions which permitted a finding of guilty of capital murder, first degree murder, second degree…