State v. Mannon

BARDGETT, Judge.

Defendant was convicted by a jury of conventional 1 second-degree murder (§ 565.004) 2 and sentenced to thirty years imprisonment. He appealed to the Missouri Court of Appeals — Southern District which affirmed the conviction. This Court sustained appellant’s motion for transfer after opinion.

The principal reason for transfer was the holding by the court of appeals that intoxication is not a defense to conventional second-degree murder because, the court said, the specific intent to kill or do great bodily harm is not required as an element of conventional second-degree murder…