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OCR: common to both. Whether Schiro was capablc of forming the requisite intent kill was the central disputed issuc at the guilt trial that issue was resolved SE Schiro's favor when he was acquitted of murder Court returning their guilt trial vetdict. the jury expressed conclusion that Schiro did not DOSSeSS the requisite intent to ki]] There is simply no other basis from the evidence, insiructions 10 pleadings. which tends to suggest that the acquittals were based upon any determination other than that the state did not prove, beyoud reasonable douht that Schiro meant kii Once this dctermination was made the state was collaterall estopped from requiring Schira run the gauntlet again at sentencing Arkansas, 407 U.S 366 (1972) and Harris ASAinRION 404 U.S (1971) the matcrial facts detemined n Sc ...