State v. Morton

OPINION

BIVINS, Judge.

Defendant appeals the trial court’s denial of his motion to remand for preliminary examination. We granted defendant’s application for interlocutory appeal. The sole issue on appeal is whether death penalty proceedings are precluded where the indictment does not allege the existence of aggravating circumstances. We hold that since aggravating circumstances are not elements of the crime, an indictment is not deficient for failure to allege them. Therefore, we affirm.

Defendant was indicted for murder and other crimes on July 22, 1987. The indictment did not allege the…