State v. Kelly

In this case, a jury convicted defendant Duane Kelly of committing multiple crimes, including two murders and a robbery. Based on the court’s instructions, the jury could only have found that those crimes were committed with the use of a .357 or .38 caliber handgun. The jury, however, acquitted defendant of both having unlawfully possessed that weapon and having possessed it for the purpose of committing the murders and robbery.

The trial court ordered a new trial on the convictions because of a defense witness’s perjured testimony. At the second jury trial, defendant was convicted, as a…