State v. Simmons

DOWD, Judge.

Defendant appeals from the judgment of the trial court, entered on a jury verdict, convicting defendant of second degree murder, first degree assault, and armed criminal action. We reverse.

It is undisputed that on August 7, 1985 at around 2:00 a.m., defendant shot and killed Theodore Freeman and wounded Maurice Terry while the two sat in Terry’s car on the lot of a St. Louis gas station. Freeman occupied the passenger seat and Terry sat in the driver’s seat.

Defendant and the victim Freeman had a history of confrontations. On April 29, 1985, defendant was shot twice by a man…