Case summaries for Aug. 13 – Aug. 19, 2021
Separate Convictions for Assault and Murder Affirmed
Double jeopardy does not bar multiple convictions when the General Assembly intends multiple punishments, which depends on the statutes, which provide a new unit of prosecution whenever a new intent forms. When appellant first shot victim, to facilitate a robbery, appellant committed assault. When appellant again shot victim, to kill victim, appellant committed murder. Appellant’s assertion of the right to silence was ambiguous as to whether it was comprehensive or limited to photographs of shooting, so officers did not have to cease questioning, and later responses were not inadmissible.
State of Missouri, Respondent, vs. Antonio Edjuan Muldrew, Appellant.
Missouri Court of Appeals, Eastern District – ED108938