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Home / Opinions / Courts / Court of Appeals, Southern District / Criminal Law: Double Jeopardy – Involuntary Manslaughter – Mental State

Criminal Law: Double Jeopardy – Involuntary Manslaughter – Mental State

Where a jury was asked to determine whether the defendant “recklessly” caused a victim’s death, which was the appropriate mental state for first-degree involuntary manslaughter, and the word “knowingly” was not mentioned, and the jury convicted the defendant of first-degree involuntary manslaughter, the defendant did not show a double-jeopardy violation even though the state’s second-amended information charged the defendant with second-degree murder, and the defendant did not show a “fatal variance” between the charge and the instruction, so the judgment is affirmed.

Judgment is affirmed.

State v. Neal (MLW No. 63482/Case No. SD31057 – 12 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Pulaski County, Storie, J. (Erika R. Eliason, Columbia, for appellant) (Chris Koster and Evan J. Buchheim, Jefferson City, for respondent).

Read the full text of this opinion. (PDF)