State v. Guinan

BILLINGS, Judge.

Defendant Frank Joseph Guinan was convicted of capital murder of penitentiary inmate John McBroom and his punishment fixed at death, the jury finding the following statutory aggravating circumstances: defendant had a substantial history of serious assaultive criminal convictions [§ 565.-012.2(1) ]; the murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, or depravity of mind [§ 565.012.2(7)]; and, that at the time of the murder defendant was in the lawful custody of a place of lawful confinement [§ 565.012.2(9)].

In this appeal defendant…