No. 88-2359.

857 F.2d 1228 (1988)

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

United States Court of Appeals, Eighth Circuit.

Decided September 29, 1988.

Attorney(s) appearing for the Case

Eugene G. Bushman, Jefferson City, Mo., for appellant.

Stephen Hawke, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

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


This appeal concerns Gerald Smith, who is under sentence of death for capital murder in Missouri. The sentence is presently scheduled to be carried out on October 4, 1988, at 12:01 a.m. No stay of execution is presently in effect.

The case comes before us on a notice of appeal filed by Smith's court-appointed counsel, Eugene G. Bushmann, Esq. We are treating this notice as an application for certificate of probable cause. See Fed.R.App.P. 22(b...

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