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STATE v. SMITH

No. 63338.

649 S.W.2d 417 (1983)

STATE of Missouri, Respondent, v. Gerald SMITH, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied May 17, 1983.

Attorney(s) appearing for the Case

John Putzel, Asst. Public Defender, St. Louis, for appellant.

John Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

RENDLEN, Chief Justice.

Defendant appeals from conviction by jury of capital murder, § 565.001, RSMo 1978,1 and a sentence of death. Direct appeal to this Court lies for consideration of the punishment assessed, as well as errors alleged on appeal. Section 565.014; Art. V, § 3, Mo. Const. (1945, as amended 1982).

As error defendant asserts: (1) unconstitutional discrimination in the grand jury selection process; (2) improper...

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