State v. Smith

VICTOR C. HOWARD, Presiding Judge.

Zachary A. Smith appeals from his convictions of murder in the first degree, § 565.020, 1 and armed criminal action, § 571.015. Smith raises three points on appeal. First, he contends the trial court erred in 1) permitting the State to ask its hostile witness whether his memory loss was the result of Smith’s brother nodding at him in the hallway, without first requiring the State to lay a foundation for such questioning; and 2) not giving the jury a limiting instruction directing it not to attribute any wrongdoing by Smith’s brother to Smith. Second, Smith…