State v. Preston

GUNN, Judge.

Defendant stands convicted of one count of capital murder and one count of second degree murder. The death penalty was assessed by the jury for the capital murder conviction based on the finding of the statutory aggravating circumstance of the offense being “outrageously or wantonly *4vile, horrible or inhuman in that it involved ... depravity of mind,” § 565.012.2(7), RSMo Cum.Supp.1983. A consecutive life sentence was assessed by the trial court for the second degree murder conviction.

A substantial number of alleged errors are raised by defendant’s counsel. These include: 1)…