Reseña de State Missouri v. Shirley Lute

State Missouri v. Shirley Lute de Supreme Court of Missouri En Banc Resumen del Libro

Appellant was convicted of capital murder under § 559.001, 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
(post-code) instructions when MAI-CR (pre-code) instructions should have been used for the trial of this pre-code offense;
(2) by twice failing to give MAI-CR 2.05 as a lead-in paragraph to the submission of lesser included offenses; (3) by refusing
a non-MAI-CR instruction based on § 556.180, RSMo 1969; (4) by failing to instruct on first degree murder and second
degree felony murder; (5) by following a pattern instruction that is an impermissible comment on the evidence by the court;
(6) by permitting the testimony of a sheriff who may have had custodial responsibilities for the jury; (7) by permitting
expert testimony based upon a standard of "most probably"; and (8) by admitting certain documents without sufficient authentication.
Jurisdiction is in this Court under Mo. const. art. V, § 3. We reverse and remand for a new trial. Appellant was the wife of the victim, Melvin Lute. On February 6, 1978, highway patrol officers responded to a reported robbery
at the Lute trailer in Middle Grove, Monroe County, Missouri. The responding officer discovered in the trailer the body of
a man, later identified as Melvin Lute. A pathologist determined the cause of death as hemorrhage due to a six inch cut across
the neck and a shotgun wound to the back.

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