State Missouri v. Alan Jeffrey Bannister

A jury convicted Alan Jeffrey Bannister of capital murder, section 565.001, RSMo 1978, and recommended he be punished by death, section 565.008, RSMo 1978 (repealed 1983). Judgment was rendered accordingly. Appellant charges: the trial court lacked jurisdiction because officers illegally arrested defendant; the statutes that authorize capital punishment permit one to avoid the death penalty by pleading guilty and so "chill" defendants constitutional right to a trial by jury; the selection of the jury panel was improper; the court erred in certain rulings on voir dire; the court erred in admitting certain evidence and in omitting certain required instructions to the jury during the trial. In addition to review of these contentions, the Court will review the death sentence as mandated by law. See sections 565.014, RSMo 1978, and 565.035, Cum. Supp. 1983. Affirmed.