State v. Duren

MORGAN, Judge.

On April 30, 1976, a grand jury returned an indictment wherein respondent was charged with “capital” murder under the provisions of §§ 559.005 and 559.009, RSMo Supp. 1975. Thereafter, the trial court found that said statutes authorized imposition of the death penalty in a manner viola-tive of the Eighth and Fourteenth Amendments to the United States Constitution and thus declared the same to be unconstitutional. Upon respondent’s motion, the court dismissed the indictment. Pursuant to Rule 28.04, the state appealed to this court which has exclusive jurisdiction by virtue of § 3…