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Criminal Law : Jury Instructions – Stealing – Claim Of Right Defense
Stephanie Maniscalco//March 24, 2017
Criminal Law : Jury Instructions – Stealing – Claim Of Right Defense
Stephanie Maniscalco//March 24, 2017
Where a defendant, who was convicted for misdemeanor attempted stealing after he began to load what he believed to be junk furniture into his vehicle, argued that he should have been able to instruct the jury on a claim of right defense, there was evidence in the record beyond his subjective belief to support his claim that he honestly believed he had a right to take the furniture, so the trial court erred in refusing to give the verdict directors, and the matter is reversed and remanded for a new trial.
Judgment is reversed and remanded.
State v. McPike (MLW No. 70319/Case No. ED103995 – 7 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, Pike County, Beck, J. (Christian E. Lehmberg for appellant) (Mark S. Fisher and Alex G. Ellison for respondent).
Read the full text of this opinion. (PDF)
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