(Download) "State Missouri v. Douglas R. Kreyling" by Eastern District, Division Three Court of Appeals of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Douglas R. Kreyling
- Author : Eastern District, Division Three Court of Appeals of Missouri
- Release Date : January 10, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Defendant appeals after being convicted in a court-tried case of the lesser-included offense of assault in the second degree, Sec. 565.060, RSMo. Cum. Supp. 1993, and armed criminal action, Sec. 571.015, RSMo. 1986, for which he was sentenced to consecutive terms of four years for the assault conviction and three years for the armed criminal action conviction. We affirm. Our review of a court-tried criminal case is the same as for a jury-tried criminal case. Rule 27.01; State v. Armstrong, 863 S.W.2d 374, 376 (Mo. App. E.D. 1993). We look to see whether sufficient evidence existed from which the trial court could have returned a guilty verdict, and in so doing, we accept all evidence and inferences favorable to the guilty verdict and ignore all contrary evidence and inferences. Id. We will uphold the court's decision unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. State v. Smith, 849 S.W.2d 209, 212 (Mo. App. E.D. 1993).