State v. Duncan

TITUS, Judge.

Defendant was charged with and jury-convicted of robbery in the first degree1 and sentenced to imprisonment for a term of 15 years. Upon appeal defendant contends the trial court erred in refusing to give his requested instruction based on MAI-CR 2d 3.30.12 which is predicated on § 562.076 RSMo 1978.3 In his brief upon appeal, defendant contends the proffered but refused instruction was intended to charge only as to subparagraph 1(1) of § 562.076 because nowhere has defendant raised the issue of “involuntary” intoxication. Defendant also acknowledges that if the tendered…