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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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The fourth aggravating circumstance submitted to the jury required the jury to find whether the murder of Cassidy Senter was committed after the defendant had engaged in the perpetration of attempted rape of Cassidy Senter. Appellant asserts that the wording of the instruction deviates from the wording set forth in section 565.032(2)(11), which requires that the murder be committed “while” the defendant was engaged in certain felony offenses. The deviation, appellant reasons, renders the circumstance a non-statutory aggravating circumstance, rather than a statutory aggravating circumstance.