State v. Gheen

HOLLIGER, Judge.

Kenneth E. Gheen was found guilty by a jury on May 6, 1999, of felony murder in the second degree under § 565.021.1(2), and armed criminal action under § 571.015.1. On July 16, 1999, he was sentenced to concurrent terms of 15 years for the murder charge and 5 years for armed criminal action. He questions the sufficiency of the indictment, argues that the merger doctrine bars his conviction for felony murder, and contends that the court should have given a self-defense instruction. We affirm.

FACTS

At trial, the parties gave conflicting testimony regarding incidents leading up to…