686 S.W.2d 36 | Mo. Ct. App. | 1985
Lorn Ingram was jury-convicted of capital murder and sentenced to life imprisonment without possibility of parole for fifty years. The conviction was affirmed. State v. Ingram, 607 S.W.2d 438 (Mo.1980).
The substantive facts outlined in that opinion, sufficient to sustain the conviction, are that Ingram shot and killed a companion, Joe Trent, following an argument between the two, after a day spent drinking beer, running errands, and other pursuits.
Ingram then filed a motion to vacate his conviction. Rule 27.26.
In its findings, the trial court stated that Ingram, at the hearing, produced no credible evidence, as is required by Rule 27.-26(f), to show that at the time of the killing he was intoxicated to the degree that he suffered from diminished mental capacity, which would have, at time of trial, negated the existence of the mental state required for a capital murder conviction. § 562.-076.
A thorough review of the record convinces us that the judgment of the trial court denying the motion to vacate was based on findings of fact and conclusions of law that were not clearly erroneous. Rule 27.26(j). This being so, and after determining that no error of law occurred, and that an extended opinion would have no precedential value, the trial court’s judgment is affirmed. Rule 84.16(b).
. Unless otherwise indicated, all references to rules are to Missouri Rules of Court, V.A.M.R., and all references to statutes are to RSMo 1978, V.A.M.S.
. This statute, effective January 1, 1979, was amended by the legislature effective October 1, 1984, to restore the long entrenched Missouri rule, uprooted in 1979, that voluntary intoxication is not admissible to negate the specific intent element of a crime. However, it was in effect at the time of Ingram’s trial.