Where a defendant challenged his convictions following the beating death of a child, the trial court did not abuse its discretion in admitting the out-of-court statements of the victim’s 5-year-old brother because the statements were reliable and admissible under the totality of the circumstances, and the merger doctrine has been abrogated by statute so that all felonies except murder or manslaughter can be used to predicate felony murder, so the trial court did not err in instructing the jury to find the defendant guilty of second-degree murder based on the underlying felony of child abuse.
Judgment is affirmed.
State v. Jones (MLW No. 74589/Case No. ED107425 – 14 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.) Appealed from circuit court, St. Louis County, Warner Jr., J. (James C. Egan for appellant) (Daniel N. McPherson for respondent).