STATE v. KLEYPAS

No. 10838.

602 S.W.2d 863 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Gary Wayne KLEYPAS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or for Transfer Denied July 30, 1980.

Application to Transfer Denied September 9, 1980.


Attorney(s) appearing for the Case

Devon F. Sherwood, Springfield, for defendant-appellant.

John Ashcroft, Atty. Gen., Lisa M. Camel, Edward F. Downey, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.


MAUS, Judge.

The 21 year old defendant was charged with having committed a capital murder on January 23 or 24, 1977. He entered a plea of not guilty and gave notice of his intent to rely upon the defense of mental disease or defect. He was permitted to waive trial by jury. While the defendant introduced evidence tending to establish the same, the trial court found that the evidence did not establish mental disease or defect excluding responsibility. The trial court...

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