(1)Where a trial court in a first-degree assault and armed-criminal action case excluded evidence that the unarmed victim made a threatening statement shortly before the attack, the excluded evidence including the victim’s statement did not warrant a self-defense instruction because deadly force cannot be used to repel a simple assault and battery.
(2)Where a prosecutor struck a potential juror who when asked if an insult could justify the use of physical force replied “it depends on what the words are,” the prosecutor explained that the strike was based on the juror’s belief that a racial slur could justify violence, which is contrary to the law, so the trial court did err in finding the reason to be race neutral and overruling the defendant’s Batson challenge.
Judgment is affirmed.
State v. Wiley (MLW No. 61795/Case No. SD30014 – 10 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.) Appealed from circuit court, Pemiscot County, Copeland, J. (Melinda K. Pendergraph for appellant) (Chris Koster and James B. Farnsworth for respondent).