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STATE v. NASH

No. SC 90649.

339 S.W.3d 500 (2011)

STATE of Missouri, Respondent, v. Donald R. NASH, Appellant.

Supreme Court of Missouri, En Banc.

May 17, 2011.

Attorney(s) appearing for the Case

Frank K. Carlson , Sarah K. Tupper and Michael P. Bastian , The Carlson Law Firm, Union, for Nash.

Theodore A. Bruce , Attorney General's Office, Jefferson, City, for The State.

MARY R. RUSSELL, Judge.

A jury found Donald Nash guilty of capital murder in violation of section 565.001, RSMo 1978, for the 1982 killing of Judy Spencer. He was sentenced to life imprisonment without the possibility for probation or parole for 50 years.

He appeals, asserting that he was wrongly convicted under section 565.001, RSMo 1978, because he argues that this statute was repealed in 1983 and that no other...

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