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STATE v. PRESTON

No. 64186.

673 S.W.2d 1 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Elroy PRESTON, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 19, 1984.

Certiorari Denied October 9, 1984.

Attorney(s) appearing for the Case

Henry B. Robertson, Asst. Public Defender, St. Louis, for defendant-appellant.

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

Certiorari Denied October 9, 1984. See 105 S.Ct. 269.

GUNN, Judge.

Defendant stands convicted of one count of capital murder and one count of second degree murder. The death penalty was assessed by the jury for the capital murder conviction based on the finding of the statutory aggravating circumstance of the offense being "outrageously or wantonly vile, horrible or inhuman in that it involved... depravity of mind...

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