State v. Davis

KAROHL, Judge.

Defendant-appellant, Andre Davis, was jury tried and convicted of assault first degree by means of a deadly weapon. § 565.050 RSMo 1978. He was sentenced to serve a term of thirty years.

Defendant alleges the trial court erred in: (1) overruling defendant’s motion for acquittal because there was insufficient evidence to sustain the conviction; and, (2) allowing into evidence a rifle which was in defendant’s possession when arrested but was never connected with the crime.

The state’s case was based on direct and circumstantial evidence. In reviewing the record we accept as true all…