STATE v. SMITH

No. 69852.

756 S.W.2d 493 (1988)

STATE of Missouri, Plaintiff-Respondent, v. Gerald SMITH, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 13, 1988.


Attorney(s) appearing for the Case

Nancy A. McKerrow, Office of Public Defender, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., L. Timothy Wilson, John M. Morris, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.


WELLIVER, Judge.

Appellant, Gerald Smith, was convicted of first degree murder, § 565.020, RSMo 1986. After finding aggravating circumstances as required by § 565.030.4, RSMo 1986, the jury imposed a sentence of death. Appellant appeals from the conviction and sentence.

This Court has exclusive appellate jurisdiction in all cases in which the penalty of death is imposed. Mo. Const. art. V, § 3. We affirm both the judgment and the sentence.<...

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