STATE v. CALHOUN

No. WD 67579.

259 S.W.3d 53 (2008)

STATE of Missouri, Respondent, v. Mack CALHOUN, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 27, 2008.

Application for Transfer Denied August 26, 2008.


Attorney(s) appearing for the Case

Jeannie Marie Willibey, Kansas City, MO, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Shaun Mackelprang and Evan Buchheim, Office of Attorney General, Jefferson City, MO, for respondent.


PAUL M. SPINDEN, Presiding Judge.

Mack Calhoun appeals the circuit court's judgment convicting him of murder in the first degree in violation of Section 565.020.1, RSMo 2000. He contends that the circuit court erred in overruling his motion for judgment of acquittal because the State's evidence was insufficient to support the jury's verdict.

The State presented evidence that, during the pre — dawn hours of March 2, 1989, a truck driver saw Renee Weathersby...

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