Criminal
Felony resisting a stop by fleeing shown
Trooper testified that defendant was trying to evade pursuit, defendant objected, and circuit court overruled the objection. Whether the circuit court erred was irrelevant because the testimony was cumulative and, therefore, not prejudicial. And “calls for speculation was not a sufficiently specific objection. The elements of class E felony resisting a lawful stop included a substantial risk of serious physical injury or death, which the State alleged that defendant did by driving at a high rate of speed. A high rate of speed could depend on miles per hour in part, but also road conditions. The evidence was sufficient for a finding of guilty.
STATE OF MISSOURI, Plaintiff-Respondent vs. RICKY ARNOLD, Defendant-Appellant
Missouri Court of Appeals-Southern District – SD38137
Deliberation shown
The elements of first-degree murder included deliberation, which required evidence of reflection, but the inference of a mere instant was enough. The State satisfied that element with evidence that defendant repeatedly threatened to shoot victim; and when victim turned his back on defendant, defendant stepped back, took aim, shot victim three times; and that defendant fled without procuring aid. The circuit court did not err in denying defendant’s motion for acquittal.
State of Missouri, Respondent, vs. Kennice L. Brock, Appellant.
Missouri Court of Appeals-Eastern District – ED111907
