Missouri Court of Appeals December 20, 1983, No. 45884 (State v. Miller)

KAROHL, Presiding Judge.

Defendant Henry Miller was charged with capital murder, § 565.001, RSMo 1978, of his twenty-one-year-old wife, Barbara Miller, by stabbing her in the stomach. Before trial the state waived the death penalty. The jury found defendant guilty of murder in the second degree, § 565.004, RSMo 1978, but in the second or sentencing stage was unable to agree on punishment.