Supreme Court lifts lower court stay of execution

JIM SALTER Associated Press Published:

BONNE TERRE, Mo. (AP) -- The U.S. Supreme Court has cleared an appeals court stay that had been delayed the Wednesday execution of a Missouri death-row inmate.

The court's ruling, however, left Missouri less than three hours to meet an 11:59 p.m. deadline to execute Herbert Smulls.

Smulls, 56, was sentenced to death for killing a suburban St. Louis jeweler and badly injuring his wife during a 1991 robbery.

Smulls' attorneys filed several appeals, mostly challenging the state's refusal to disclose the name of the company that supplies its execution drug.