NEELY, Justice:
Appellant, Darrell Oliver Headley, was convicted in the Circuit Court of Marshall County of first degree murder without recommendation of mercy.
On the evening of 16 April 1978 twenty-two month old Christopher James Lewis died shortly after the appellant had beaten and kicked him across the face and back. The child's mother and the appellant, who lived together at the time of the murder, brought the child to the Reynold's Memorial Hospital...
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