Criminal Law - Assault - Self-Defense Instruction

Staff Report//March 19, 2025//

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Defendant appealed his conviction for assault and armed criminal action, arguing that the trial court erred in failing to sua sponte give a self-defense instruction or give a curative instruction after the state claimed during closing arguments that it was not required to prove defendant’s intent.

Where there was sufficient evidence to support a self-defense claim, including defendant’s testimony that he pulled his gun after the victim aimed a shotgun at him, the trial court erred in failing to instruct the jury on how to evaluate the evidence.

Judgment is vacated and remanded.

State v. Burkett (MLW No. 82883/Case No. SD38459 – 8 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Texas County, Hickle, J. (Samuel E. Buffaloe, Columbia for appellant) (Renee Christine Warden, St. Louis and Parke Jeffries Stevens Jr., Houston for respondent)