State v. Cox

KENNETH W. SHRUM, Special Judge.

The defendant Timothy L. Cox appeals a judgment, entered pursuant to jury verdicts, sentencing him to 12 years for first degree assault (Count I), 20 years for armed criminal action (Count II), and 10 years for kidnapping (Count III).1 The appeal raises two questions:(1) Was the defendant prejudiced by the trial court’s use, in the verdict directing instructions, of disjunctive language drawn from MAI-CR3d 304.04, modified according to Notes on Use 7(c), when the evidence showed that other persons committed the elements of each crime and the defendant’s…