State v. Downen

PHILLIP R. GARRISON, Chief Judge.

Gary Earl Downen (“Defendant”) was found guilty by the trial court of the class B felony of possession of a controlled substance with the intent to distribute or deliver in violation of § 195.211, 1 and received a sentence of five years. He contends on appeal that the trial court erred in allowing the State to endorse additional witnesses prior to trial, and in not sustaining his motion for judgment of acquittal. We affirm.

In a court-tried case the sufficiency of the evidence is determined by the same standard as in a jury-tried case and that is whether or not…