State v. Armstrong

GARRISON, Judge.

A jury convicted Arthur Armstrong (Appellant) of murder in the first degree, § 565.020, and armed criminal action, § 571.015.1 On this appeal, he challenges a jury instruction based on MAI-CR3d 310.50, and the effectiveness of his trial counsel. We affirm.

Appellant’s conviction arose from his shooting of an acquaintance on July 3, 1994. The evidence indicated that Appellant, who had been drinking, had a disagreement with the victim prior to retrieving a gun from his gun cabinet, loading it, going to a house where the victim was located, and firing the fatal shot.

Prior to…