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Criminal Law: Unlawful Possession of a Weapon- Sufficiency of Evidence- Verdict Prior to Closing Argument
Staff Report//October 26, 2018
Criminal Law: Unlawful Possession of a Weapon- Sufficiency of Evidence- Verdict Prior to Closing Argument
Staff Report//October 26, 2018
Defendant was arrested when she, a prior felon, was a passenger in a vehicle containing loaded firearms. Defendant moved for judgment of acquittal, claiming the weapons were in the vehicle when her husband purchased them and that she had only been in the vehicle 30 minutes prior to being pulled over. The trial court denied the motion and convicted defendant.
Where firearms were easily visible from defendant’s passenger seat and where the trial court provided defense counsel with opportunity to make the most advantageous closing argument, trial court did not err in convicting defendant of unlawful possession of a weapon.
Judgment is affirmed.
State v. Lemister (MLW No. 72192/Case No SD35045 – 8 pages) (Missouri Court of Appeals, Southern District, Francis, J.) Appealed from Circuit Court, Dent County (Sidney T. Pearson, J.)
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