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STATE v. JONES

No. WD 71021.

322 S.W.3d 141 (2010)

STATE of Missouri, Respondent, v. John P. JONES, Appellant.

Missouri Court of Appeals, Western District.

Rehearing Denied November 2, 2010.

Attorney(s) appearing for the Case

Susan E. Summers, Esq. , Kansas City, MO, for appellant.

Shaun J. Mackelprang, Esq. , Evan J. Buchheim, Esq. , Jefferson City, MO, for respondent.

BEFORE DIVISION FOUR: LISA WHITE HARDWICK, C.J., Presiding, JAMES E. WELSH and KAREN K. MITCHELL, JJ.

LISA WHITE HARDWICK, Chief Judge.

John Jones was convicted of second-degree murder and armed criminal action following a jury trial. An autopsy revealed alcohol and cocaine in the victim's bloodstream. On appeal, Jones contends the circuit court erred in excluding the testimony of an expert witness who would have testified as to the general effects of cocaine and alcohol on the average person. For reasons explained herein, we affirm the judgment of conviction.

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