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SMITH v. STATE

No. 72514.

798 S.W.2d 152 (1990)

Samuel D. SMITH, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied November 20, 1990.

Attorney(s) appearing for the Case

Susan L. Hogan, Columbia, for appellant.

William L. Webster, Atty. Gen., Robert P. Sass, Asst. Atty. Gen., Jefferson City, for respondent.

COVINGTON, Judge.

On July 20, 1988, a jury convicted Samuel D. Smith of first degree murder, § 565.020, RSMo 1986, and sentenced him to death. This Court affirmed the conviction. State v. Smith, 781 S.W.2d 761 (Mo. banc 1989), vacated, ___ U.S. ___, 110 S.Ct. 1944, 109 L.Ed.2d 306 aff'd on remand, 790 S.W.2d 241 (Mo. banc 1990). At the sentencing hearing on August 19, 1988,...

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