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STATE v. PETARY

No. 71189.

790 S.W.2d 243 (1990)

STATE of Missouri, Respondent, v. Donald Eugene PETARY, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 9, 1990.

Attorney(s) appearing for the Case

Craig Johnston, Asst. Public Defender, Columbia, for appellant.

William L. Webster, Atty. Gen., John Morris, Asst. Atty. Gen., Jefferson City, for respondent.

BLACKMAR, Chief Justice.

In this case we affirmed judgment of conviction of murder in the first degree and sentence of death. State v. Petary, 781 S.W.2d 534 (Mo. banc 1989). The Supreme Court, ___ U.S. ___, 110 S.Ct. 1800, 108 L.Ed.2d 931 granted certiorari, vacated the judgment, and remanded the case for consideration in the light of McKoy v. North Carolina, 494 U.S. ___, 110 S.Ct. 1227, 108 L.Ed.2d 369 (1990) and...

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