State v. McAlister

TURNAGE, Presiding Judge.

Mitchell McAlister was found guilty by a jury of carrying a concealed weapon under § 571.030.1(1) RSMo 1981. Upon the jury’s failure to assess punishment, the court sentenced McAlister to two years imprisonment to run consecutively with any other terms which he was serving.

On this appeal, McAlister contends that the evidence was insufficient to support his conviction, and that the court erred in giving an instruction in the form of MAI-CR2d 4.50. Reversed and remanded.

In October of 1981, McAlister and Mike Conger were cell mates at the Missouri Training Center for Men…