State v. Bouser

HOWARD, Judge.

Robert A. Bouser (Mr. Bouser) was jury-tried and convicted as a persistent offender of second degree murder pursuant to § 565.021.1(2), 1 for which he was sentenced to eighteen years in prison.

Mr. Bouser asserts that the trial court erred: (1) in instructing the jury as to second degree felony murder based on the underlying felony of abuse of a child because that felony “merged” into the resultant homicide, and (2) in refusing to admit evidence that someone else had the opportunity to cause the injuries to the victim on the grounds the evidence was “irrelevant and immaterial.”

The…