SEILER, Judge.
Appellant was convicted of capital murder pursuant to § 565.001 RSMo 1977 Supp., in June, 1981, and sentenced to life imprisonment without eligibility of probation or parole for fifty years. This court has exclusive appellate jurisdiction pursuant to Art. V, § 3, Mo.Const. (as amended 1976). Appellant's first conviction for the offense was reversed by this court and remanded for a new trial. State v. Lute,
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