Where a defendant, who was convicted of second-degree murder after he shot and killed two people during a drug transaction, argued that the trial court erred in refusing to give a self-defense instruction for felony murder, self defense cannot be a defense to felony murder unless the underlying felony is based on the use of force, and in this case it was an attempt to deliver a controlled substance, and the judgment is affirmed because the defendant failed to preserve his constitutional challenge to felony murder instructions and did not show prejudice.
Judgment is affirmed.
State v. Oates (MLW No. 71412/Case No. SC96650 – 10 pages) (Supreme Court of Missouri, Powell, J.; all concur) Appealed from circuit court, St. Louis County, Kerr, J. (Craig A. Johnston, Columbia, for appellant) (Gregory L. Barnes, Jefferson City, for respondent).