Labels:book | reckoner | sky | windowpane OCR: 40 trial unlawful mens because rea Schiro murder. had Schiro been could acquitted be at lawfully the guilt sen- tenced death only the state proved beyond reason- able doubt that the killing was "intentional" and con mitted during the course of during the attempt com- mii criminal deviate conduct. puf Code 35. 5 Schiro' jury acquitted him mens rea murder A1 the guilt trial: yet, sentencing Schiro death, the trial court found the existence of single ae gravating factor that Schiro intentionally killed during the coursc rape Schiro State, 451 N.E.2d 1047 1058 {Ind 1983 This act renders Schiro's death scn- tence violative of the double jeopardy clause of the fifth amendrent because the state prohibited from attempt- ing prove sentencing that which failed tc prove the guilt trial specifically, ...
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