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STATE v. LUTE

No. 61430.

608 S.W.2d 381 (1980)

STATE of Missouri, Respondent, v. Shirley LUTE, Appellant.

Supreme Court of Missouri, En Banc.

As Modified on Own Motion On Denial of Rehearing December 15, 1980.

Attorney(s) appearing for the Case

James G. Gregory, Montgomery City, for appellant.

John Ashcroft, Atty. Gen., S. Francis Baldwin, Asst. Atty. Gen., Jefferson City, for respondent.

As Modified On Courts Own Motion On Denial of Rehearing December 15, 1980.

WELLIVER, Judge.

Appellant was convicted of capital murder under § 559.010, RSMo 1978. Punishment was fixed at life imprisonment without probation or parole for a minimum of 50 years. Appellant contends that the trial court erred (1) by using MAI-CR2d (postcode) instructions when MAI-CR (pre-code) instructions should have been used for the trial of this pre-code offense; (2) by...

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