Missouri Court of Appeals, 2015

State v. Smith

State v. Smith
Missouri Court of Appeals · Decided February 17, 2015 · Ahuja, Jackson, Martin
460 S.W.3d 466; 2015 Mo. App. LEXIS 156; 2015 WL 658443 (South Western Reporter, Third Series)

State v. Smith

Opinion of the Court

ORDER

PER CURIAM:

Following a jury trial, Marcus Smith was convicted in the Circuit Court of Clay County of second-degree (felony) murder, unlawful use of a weapon, and two counts of armed criminal action. Smith appeals. He argues that the circuit court erred in: simultaneously finding him guilty of both felony murder and unlawful use of a weapon, in violation of the merger doctrine and his right not to be twice put in jeopardy for the same offense; failing to instruct the jury on voluntary manslaughter; admitting as an exhibit a firearm which was not used in the offense; and failing to grant his motion for acquittal due to the insufficiency of the evidence. We affirm. Because a published opinion would have no precedential value, an unpublished memorandum setting forth the reasons for this order has been provided to the parties. Rule 30.25(b).

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