James D. Cummings Missouri Cases

James D. Cummings appealed his convictions for first-degree assault and armed criminal action, as well as his sentence. He argued the trial court erred by refusing to make findings of fact and law regarding his lawful possession of property during an eviction and by not submitting a relevant statute to the jury. The appellate court denied these points, finding the trial court properly refused to comment on evidence or instruct the jury outside of approved instructions, and that Cummings waived instructional error. However, the court granted Cummings's third point, reversing and remanding for resentencing due to a material discrepancy between the oral and written sentences.