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STATE v. BANNISTER

No. 64896.

680 S.W.2d 141 (1984)

STATE of Missouri, Respondent, v. Alan Jeffrey BANNISTER, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 18, 1984.

Attorney(s) appearing for the Case

Ray Gordon, Public Defender, David Robards, Sp. Public Defender, Joplin, for appellant.

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

HIGGINS, Judge.

A jury convicted Alan Jeffrey Bannister of capital murder, section 565.001, RSMo 1978, and recommended he be punished by death, section 565.008, RSMo 1978 (repealed 1983). Judgment was rendered accordingly. Appellant charges: the trial court lacked jurisdiction because officers illegally arrested defendant; the statutes that authorize capital punishment permit one to avoid the death penalty by pleading guilty and so "chill" defendant's constitutional...

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