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Criminal Law: Voluntary Intoxication-Curative Instruction

Staff Report//September 15, 2023

Criminal Law: Voluntary Intoxication-Curative Instruction

Staff Report//September 15, 2023

Where a defendant sought a mistrial and challenged convictions that included burglary, tampering with a motor vehicle and assault, arguing that the trial court erred when it rejected the state’s proposed voluntary intoxication instruction but then erroneously read the instruction to the jury, the court properly gave a curative instruction, and the defendant was not prejudiced by the error.

Judgment is affirmed.

State v. Latin (MLW No. 80503/Case No. SD37722 – 8 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Greene County, Borthwick, J. (Christian Lehmberg, Columbia, and David Brian Smith, Springfield, for appellant) (Karen Louis Kramer, Jefferson City, and Syd Tippie, Springfield, for respondent).

 

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