DONNELLY, Judge.
Appellant, Joseph Jackson, Jr., was convicted of murder in the first degree under V.A.M.S. § 559.010, by a jury in the Circuit Court of the City of St. Louis, Missouri, and his punishment was assessed at death. He appealed to this Court.
Section 559.010 RSMo 1969, V.A.M.S., reads as follows:
"Every murder which shall be committed by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated...
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