State v. Petary

BLACKMAR, Chief Justice.

In this case we affirmed judgment of conviction of murder in the first degree and sentence of death. State v. Petary, 781 S.W.2d 534 (Mo. banc 1989). The Supreme Court, — U.S. -, 110 S.Ct. 1800, 108 L.Ed.2d 931 granted certiorari, vacated the judgment, and remanded the case for consideration in the light of McKoy v. North Carolina, 494 U.S. -, 110 S.Ct. 1227, 108 L.Ed.2d 369 (1990) and Boyde v. California, 494 U.S.-, 110 S.Ct. 1190, 108 L.Ed.2d 316 (1990), which dealt with instructions concerning mitigating circumstances. After receiving supplemental briefs and hearing…