Criminal Law: First-Degree Murder-Castle Doctrine-Self-Defense Instruction

Where a defendant challenged his convictions in a first-degree murder case, arguing that the trial court erred in refusing to instruct the jury on the use of self-defense under the Castle Doctrine, the defendant presented substantial evidence to support all of the necessary elements of the doctrine, so the defendant was prejudiced. Matter remanded for a new trial.

Vacated; remanded.

State v. Clement (MLW No. 79546/Case No. ED110406 – 16 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Louis County, Borbonus, J. (William K. Chapman Kramer for appellant) (Richard A. Starnes for respondent).