Jones v. State

This is an appeal from a denial of a motion under Rule 27.26, V.A.M.R., filed in the Circuit Court of Jackson County, Missouri. Appellant’s only point on appeal concerns alleged error in the original criminal proceeding in which he was convicted of the second degree murder of a woman whom he assaulted.

Appellant had been tried previously upon the same charge, and the jury was eleven to one for acquittal, resulting in a mistrial. At that trial, the main thrust of the defense was that the State had not proven that the death occurred as a result of the assault by the defendant, but rather as a…