Id. at 541. Further, in State v. Jimmerson, 660 S.W.2d 475, 476-79 (Mo.Ct.App. 1983), the Missouri Court of Appeals affirmed a defendant's conviction for capital murder where, following the robbery of a store, the defendant and an accomplice took the clerk to a country road and shot him. In reaching this result, the court acknowledged that the defendant's accomplice was permitted to plead guilty to first-degree murder for the same offense and appeared to concede that the evidence could have supported such a charge.
§ 565.001, RSMo 1978 (repealed). He was sentenced to life imprisonment as provided in § 565.008.1, RSMo 1978 (repealed). His conviction was affirmed on appeal. State v. Jimmerson, 660 S.W.2d 475 (Mo.App. 1983). In this proceeding he attacks that conviction by motion under Rule 27.26 filed on November 3, 1986.
To the extent the instruction submitted the defendant's active participation in the attempted assault, it placed a greater burden than required upon the state. State v. Jimmerson, 660 S.W.2d 475 (Mo.App. 1983). The instruction awkwardly, but adequately, submitted the defendant's responsibility.
Furthermore, individual questioning of potential jurors is not required even in capital murder cases. State v. Jimmerson, 660 S.W.2d 475, 477 (Mo.App. 1983). The facts here do not warrant an exception to this rule absent an indication that prejudice likely occurred, the trial court cannot be said to have abused its discretion in this denial.