Criminal Law: Conspiracy To Murder – ‘Outrageous Government Conduct’

Where a defendant, who was found guilty of conspiracy to commit murder in the second degree, argued that the prosecution was based in “outrageous government conduct,” the defendant did not show that the police manufactured a crime that would not otherwise have occurred because none of the incriminating evidence was obtained by the conduct complained of, the police activities did not form the basis for the criminal charges of which the defendant was convicted and the activities of the police and their agent were not criminal, and the defendant’s conviction is affirmed over his remaining claims of instructional error.

Judgment is affirmed.

State v. Simmons (MLW No. 63513Case No. SD31179 – 13 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Jasper County, Mouton, J. (Ellen H. Flottman, Columbia, for appellant) (Chris Koster and Mary H. Moore, Jefferson City, for respondent).

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