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STATE v. THOMAS

No. 39016.

579 S.W.2d 145 (1979)

STATE of Missouri, Respondent, v. Charles Lee THOMAS, Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied March 16, 1979.

Attorney(s) appearing for the Case

Michael A. Gross, Gross & Goodman, St. Louis, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Steven Clark, Asst. Attys. Gen., Jefferson City, Ronald L. Boggs, Pros. Atty., William N. Seibel, Jr., Asst. Pros. Atty., St. Charles, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 16, 1979.

DOWD, Presiding Judge.

Charles Lee Thomas was charged by information with capital murder. The penalty provision of the information was dismissed due to the fact that discretionary alternative penalties similar to those articulated in § 559.005 and § 559.009 RSMo 1975 had been declared unconstitutional by the United States Supreme Court. (See, Furman v. Georgia,

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