408 S.W.3d 820
Mo. Ct. App.2013Background
- Jeffrey Hill appeals after conviction of second-degree domestic assault, armed criminal action, and third-degree assault.
- Victim, Hill’s sister, testified he burst in, head-butted her, then threatened to blow her head off with a pistol and retrieved the weapon.
- Hill returned with the pistol and pointed it at Victim, who fled and called the police; she also testified Hill previously attacked other family members.
- A tow-truck driver was assaulted by Hill during the tow and testified to fear of being shot; Victim’s testimony connected the threat to the weapon.
- Police observed Victim upset and Hill yelling; a police firearms expert noted the gun lacked a cylinder pin but could be fired.
- Hill was convicted of the two felonies and a misdemeanor domestic assault, with new-trial motion denied; sentence included concurrent terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted physical injury | State argues evidence shows purposeful intent to injure Victim by threat and conduct. | Hill argues mere threat with ability to act does not prove conscious object to injure. | Affirmed sufficiency; jury could find conscious object to injure. |
| Armed criminal action underlying felony | State contends underlying felony established by second-degree domestic assault. | Hill contends no underlying felony to support ACA. | Affirmed ACA accompanying second-degree domestic assault. |
Key Cases Cited
- State v. Thomas, 387 S.W.3d 432 (Mo.App.W.D.2013) (sufficiency standard for judgment of acquittal review)
- Finley v. State, 321 S.W.3d 368 (Mo.App.W.D.2010) (purposeful object and corroboration in intent analysis)
- State ex rel. Verweire v. Moore, 211 S.W.3d 89 (Mo.banc 2006) (mere threat with ability to carry out threat requires strong corroboration)
- Dublo v. State, 243 S.W.3d 407 (Mo.App.W.D.2007) (insufficient corroboration for first-degree assault evidence)