935 S.W.2d 9 (Mo.banc 1996)
Case Facts: Stephen and Florence Honickman owned and operated a jewelry store. Typically, customers would make an appointment to examine the jewelry for sale. In early July 1991, a person identifying himself as “Jeffrey Taylor” called the Honickmans and made an appointment to buy a diamond. “Jeffrey Taylor” was later identified as Herbert Smulls. On July 22, 1991, Smulls and Norman Brown went to the Honickmans’ store. After viewing several diamonds, Smulls and Brown left the store without making a purchase.
On the afternoon of July 27, 1991, Smulls and Brown followed another customer into the store. Florence Honickman was unable to show any jewelry at that time but suggested she might be able to help them later. Smulls and Brown returned to the store that evening. After viewing some diamonds, Smulls and Brown went into a hallway, purportedly to discuss the diamond prices. A short time later, Florence looked up and saw Smulls aiming a pistol at her. She then ran and hid behind a door. Smulls fired three shots at her, striking her arm and side. Smulls then fired several shots at Stephen Honickman, who was struck three times.
Smulls and Brown stole jewelry worn by Florence and other items in the store. After the two men left the store, Florence contacted the police. Stephen died from his wounds and Florence suffered permanent injuries from the attack.