State v. Stuart

BAKES, Justice.

Appellant was convicted of first degree murder by torture for the beating death of a three year old boy, the son of his live-in girlfriend. He was sentenced to death. He appeals both his conviction and his sentence. We affirm.

Appellant and Kathy Miller, the mother of the deceased victim, Robert Miller, met in August, 1980, began dating, and subsequently moved in together on September 20, 1980. Robert Miller was at that time two years old, and he lived with appellant and his mother. Appellant then assumed control over Robert. At that time the child was not yet toilet trained,…