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STATE v. PETARY

No. 71189.

781 S.W.2d 534 (1989)

STATE of Missouri, Plaintiff-Respondent, v. Donald Eugene PETARY, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 10, 1990.

Attorney(s) appearing for the Case

Craig A. Johnston, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., Elizabeth L. Ziegler, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

HIGGINS, Judge.

Donald Eugene Petary was convicted by a jury of first degree murder, section 565.020.1, RSMo 1986; punishment was fixed at death. Judgment was entered accordingly. Affirmed.

Appellant charges the trial court erred: in overruling his motions for acquittal and for a new trial; in allowing evidence of unadjudicated crimes during the penalty phase; and in overruling his motion for the appointment of a second psychiatrist. He contends further that...

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