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Criminal Law: First-Degree Murder-Lesser-Included Offense Instruction
Staff Report//March 6, 2025//
Defendant appealed his conviction for first-degree murder arguing that the trial court erred in refusing to instruct the jury on voluntary manslaughter.
Where voluntary manslaughter was not a lesser-included offense of first-degree murder and the jury had rejected the lesser-included offense of second-degree murder, the court found no error in the trial court’s decision.
Judgment is affirmed.
State v. Byington (MLW No. 82828/Case No. SD38378 – 7 pages) (Missouri Court of Appeals, Southern District, Hamner, J.) Appealed from circuit court, Bollinger County, Lipke, J. (Ellen H. Flottman, Columbia; Jeffrey D. McCormick, Kennett; and Daren Keith Todd, Kennett for appellant) (Riley Andrew O’Shaughnessy, Jefferson City; Stephen Paul Gray, Marble Hill; Syd Tippie, Springfield; and Jeffrey Allen Suddy, Jefferson City for respondent)
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