State v. McGowan

CLARK, Judge.

Michael McGowan was convicted of one count of second degree assault, three counts of third degree assault and one count of armed criminal action, all the result of a street gang confrontation which occurred October 16, 1988. On this appeal from the convictions, McGowan contends the state failed to make a submissible case and that he should be discharged.

The uncontroverted evidence established the following facts. McGowan was a member of a gang known as the Chouteau Boys. That group had an ongoing conflict with a rival gang of which one Omar Wright was a member. On the evening in…