State v. Clark

RENDLEN, Judge.

Defendant’s conviction of murder in the first degree, § 559.010, RSMo 1969,1 and sentence to life imprisonment were affirmed by the Court of Appeals, Kansas City (now Western District) in an opinion mistakenly published in 552 S.W.2d 256.2 The cause was transferred here and comes to the writer on reassignment following reargument in the May term, 1979.

We must determine (1) if the “plain view” exception to the warrant requirement justified seizure of a desk calendar from appellant’s home; (2) the admissibility of statements made to police by defendant after receiving Miranda…