State v. O'HAVER

HOWARD, Judge.

David L. O’Haver appeals from his convictions of second degree murder, § 565.021, 1 and first degree arson, § 569.040. O’Haver raises three points on appeal. First, he contends the trial court erred in overruling his motion for judgment of acquittal at the close of all the evidence, in accepting the jury’s verdicts on murder and arson, and in sentencing him on both counts because there was insufficient evidence that he started the fee that killed Jeanne O’Haver, his wife. Second, he contends the trial court plainly erred in failing to declare a mistrial sua sponte based on…