State of Missouri, Plaintiff/Respondent v. John L. Dailey

Introduction

John L. Dailey (Appellant) appeals from the trial court’s judgment entered upon a jury verdict convicting him of first-degree murder, Section 565.020, 1 first-degree assault, Section 565.050, and two counts of armed criminal action, Section 571.015. We affirm in part, and reverse and remand in part.

Factual and Procedural Background

The evidence adduced at trial, viewed in the light most favorable to the verdict, is as follows.

On September 21, 2011, at approximately 10:30 p.m., Ashley McLarty (McLarty) was driving south on North Broadway. Christopher Jones (Jones) was riding in the…