State v. Gilmore

HIGGINS, Judge.

George Clifton Gilmore was convicted by a jury of capital murder, section 565.001 RSMo 1978, and was sentenced to death after the jury found as an aggravating circumstance that he committed the offense “for the purpose of receiving money or any other thing of monetary value.” § 565.-012.2(4) RSMo Supp.1981-82. Judgment was rendered accordingly. Appellant charges the trial court erred in rendering judgment because the indictment was fatally defective in that it did not charge the essential element of deliberation; in fixing his punishment at death because the only statutory…