State v. Weatherspoon

NUGENT, Judge.

Defendant Barry J. Weatherspoon was tried for shooting Michelle Marion in the chest with a .12 gauge shotgun. The jury found him guilty of assault in the first degree, § 565.050 1 , and armed criminal action, § 571.015. The court imposed concurrent terms of twenty-six years in prison for each offense. Defendant was also charged with capital murder 2 for shooting and kill ing Roberta Loy Hearn during the same incident, but that charge was severed for trial. See State v. Weatherspoon, 716 S.W.2d 379 (Mo.App.1986) (defendant’s conviction of capital murder affirmed).

The defendant…