State of Missouri v. Nicholas A. Evans

GARY M. GAERTNER, JR., Judge.

Introduction

Nicholas Evans (Defendant) appeals the judgment entered upon his conviction after a jury found him guilty of assault in the first degree and armed criminal action. This case, along with another case handed down today, State v. Murphy, 443 S.W.3d 721 (Mo.App.E.D.2014), present the question of whether a hand or a fist can qualify as a “dangerous instrument” in support of a conviction for the unclassified felony of armed criminal action. We conclude that the plain language of the statutory definition does not contemplate a hand or fist as a “dangerous…