State v. Scott

HENLEY, Judge.

John Allen Scott (hereinafter defendant) appeals from a judgment sentencing him to death upon his conviction of first degree murder. Sections 559.010 and 559.-030. 1 This court has jurisdiction to dispose of the appeal because the case was pending here properly January 1, 1972, and before the decision of the Supreme Court of the United States in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (June, 1972).

Defendant does not question the sufficiency of thé evidence to sustain his conviction. The jury reasonably could find from the evidence that on July 7, 1966, a…