Cite as 635 SW 2d 673 (Mo.banc 1982)
Martsay Bolder was executed on January 27, 1993
Case Facts: The offense occurred in the Missouri State Penitentiary in Jefferson City. Bolder was serving a life sentence for first degree murder.
On March 14, 1979 at approximately 3:15 pm, vocational teachers Kenneth Giboney and Arthur Luecke were returning by truck from Lincoln University. As they came around the building identified as 5A & B and headed toward the maintenance and machine shop, Giboney observed what appeared to be two inmates fighting and told Luecke to stop the truck. They saw an inmate, later identified as Theron King, lying against a wall in a partially sitting position. A second inmate, Bolder, was standing over King and making striking or stabbing motions toward King’s stomach.
His intentions behind the stabbing were revealed after Bolder confessed to the murder. The incident went back four to six months to when King was his cell mate. Bolder said the King knew who murdered Bolder’s brother but would not tell him. Frank Lindsey became Bolder’s cell mate after King moved out. King began harassing Bolder and telling others that Bolder and Lindsey were engaging in homosexual activities. Bolder said that he got tired of such accusations. On March 14, Bolder was walking to a building when he saw King and another inmate sitting on the ledge. They called Bolder names as he walked by and an argument followed. Bolder said he did not like being called names. He got the knife, put it in a plastic bag and returned to where King was. Bolder asked King what he had said earlier and King called him “a pussy-assed-nigger.” Bolder then pulled out the knife and stabbed King.