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).

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