State v. Proctor

DOWD, Judge.

A jury found appellant guilty of murder in the second degree, § 559.020 RSMo 1969, and assault with the intent to kill with malice aforethought, § 559.180 RSMo 1969, in connection with the shooting of appellant’s girlfriend and her estranged husband.

On appeal, appellant challenges the exclusion of defense evidence that appellant lawfully purchased his gun several years prior to the alleged murder and assault pursuant to appellant’s employment as a security guard. The trial court had excluded such evidence as immaterial and irrelevant. Appellant contends that evidence concerning…