State v. Lincoln

KAROHL, Presiding Judge.

Defendant, Rodney Lee Lincoln, was charged with one count of capital murder, § 565.001 RSMo 1978, and two counts of first degree assault, § 565.050 RSMo 1978. A jury found defendant guilty of the lesser included offense of manslaughter under the murder count and guilty of the two counts for first degree assault. He was sentenced as a persistent offender to fifteen years for the manslaughter to run consecutive to two consecutive life terms for his assault convictions.

Defendant contends: (1) the trial court abused its discretion in finding that an eight-year old child…