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SMITH v. ARMONTROUT

No. 87-2008.

825 F.2d 182 (1987)

Gerald SMITH, Appellee, v. William ARMONTROUT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1987.

Attorney(s) appearing for the Case

Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, Mo., for appellant.

No attorney was appointed to represent the appellee in this case.

Before ARNOLD, JOHN R. GIBSON and FAGG, Circuit Judges.

ARNOLD, Circuit Judge.

This case comes before us on motion of William Armontrout, Warden of the Missouri State Penitentiary, to vacate a stay of the execution of a sentence of death. The stay was granted by the District Court.1 We denied the motion to vacate by order entered on the afternoon of July 27, 1987. The purpose of this opinion is to explain our reasons.

The appellee, Gerald Smith, is presently confined on death row at...

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