Where a defendant challenged his conviction for assault in the first degree, the trial court erred in refusing to instruct the jury on second-degree assault based on sudden passion because the instruction was supported by the evidence, so the cause is remanded for a new trial on two counts, and the remaining points on appeal are denied.
Judgment is affirmed in part; reversed and remanded in part.
State v. Welch (MLW No. 74528/Case No. ED106820 – 27 pages) (Missouri Court of Appeals, Eastern District, Richter, J.) Appealed from circuit court, St. Charles County, Cunningham, J. (James Egan for appellant) (Eric S. Schmitt and Garrick Aplin for respondent).