State v. Neal

BRECKENRIDGE, Chief Judge.

Sam Neal appeals from his conviction of the class C felony of assault in the second degree, § 565.060,RSMo 1994. 1 Mr. Neal was tried by a jury and the court sentenced him, as a prior and persistent offender, to eight years imprisonment. On appeal, Mr. Neal argues that (1) the State failed to present sufficient evidence that he acted together with other persons with a common purpose to commit second degree assault; and (2) the trial court plainly erred in submitting the verdict director for accomplice liability for second degree assault because the instruction failed…