Tyrand Hadley was convicted by a jury of second degree murder, § 565.021.1, and armed criminal action, §
571.015. 1 He was given concurrent sentences of fifteen years and five years, respectively. On appeal to the Missouri Court
of Appeals, Western District, two questions were raised regarding the selection and conduct of the jurors. One of the points
challenged the constitutionality of § 494.495, RSMo Cum. Supp. 1990. Because the constitutionality of a statute
is at issue, the appeal was transferred to this Court. Mo. Const. art. V, § 11. The sufficiency of the evidence is not at issue. On April 12, 1989, Hadley and Ramsey Munn engaged in an argument following
a craps game. Hadley struck Munn with a four-foot dowel, breaking the dowel. Hadley then began shooting at Munn. Munn, who
was also armed, sought cover behind a nearby "dumpster" and returned fire. An eyewitness testified that Hadley was the aggressor
and that he struck Munn in the head with the stick. In contrast, Hadley claimed that Munn had a pistol in his pocket and was
attempting to draw it when Hadley hit Munn in the arm with the dowel. Hadley also claimed that it was Munn who first began
to shoot. Munn died a short time after the incident of a bullet wound. Hadley was arrested and charged with second degree
murder and armed criminal action. Trial was commenced on March 12, 1990.
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