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Home / Opinions / Courts / Court of Appeals, Eastern District / Criminal Law : Domestic Assault – Lesser-Included Offense

Criminal Law : Domestic Assault – Lesser-Included Offense

Where evidence existed for acquitting a defendant of second-degree domestic assault and convicting him of third-degree domestic assault in that the jury could have reasonably found that the defendant did not choke the victim but applied force to a pressure point on her neck to release his thumb from her bite, the trial court erred in refusing the defendant’s request for the lesser-included instruction.

Judgment is affirmed in part; reversed and remanded in part.

State v. Kuehnlein (MLW No. 67534/Case No. ED100132 – 9 pages) (Missouri Court of Appeals, Eastern District, per curiam) Appealed from circuit court, St. Louis City, Vannoy, J. (Kathryn Parish for appellant) (Chris Koster and Shaun Mackelprang for respondent).

Read the full text of this opinion. (PDF)