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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State v. Brooks, 960 S.W.2d 479 (1997)

Citation
State v. Brooks, 960 S.W.2d 479 (1997)
Parent Document
State v. Brooks, 960 S.W.2d 479 (1997)
Jurisdiction
Missouri (state)
Effective Date
1997-12-23

Other Sections in This Document (214)

Full Text

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Appellant asserts that the two limiting constructions for depravity of mind should not have been submitted. Subpart one of the second aggravating circumstance contained in Instruction No. 18 was that the defendant committed repeated and excessive acts of physical abuse upon Cassidy Senter and the killing was therefore unreasonably brutal. Appellant claims that this subfactor was not supported by the evidence. Appellant is incorrect. Cassidy Senter, after appellant tried to rape her, was repeatedly beaten by appellant with a board. The evidence demonstrates that she attempted to defend herself. The evidence, recited more fully in the portion of this opinion that delineates the details of the crime, was sufficient to support a finding that appellant’s conduct was extremely brutal and involved serious physical abuse of Cassidy Senter.