State v. Pointer
Missouri Court of Appeals
1Opinion of the Court
KENNEDY, Presiding Judge.
Larry D. Pointer was convicted upon jury trial of first degree murder, section 565.020.1, RSMo Supp.1990. There was evidence he shot his victim to death, and that he was intoxicated at the time. The court, over Pointer’s objection, gave to the jury an instruction based on MAI-CR3d 310.50, which read: “You are instructed that an intoxicated or a drugged condition whether from alcohol or drugs will not relieve a person of responsibility for his conduct.”
In giving this instruction, the trial court committed reversible error. State v. Erwin, 848 S.W.2d 476 (Mo. banc),…
Also in this document: Per curiam.
2Cases cited8 opinions
- Rose v. ClarkSupreme Court of the United States · 1986
- Francis v. FranklinSupreme Court of the United States · 1985
- State v. WiseSupreme Court of Missouri · 1994
- Baber v. Commission on Retirement, Removal and DisciplineSupreme Court of the United States · 1993
- State v. ErwinSupreme Court of Missouri · 1993
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3Cited by7 opinions
- State of Missouri v. Michael E. AmickSupreme Court of Missouri · 2015
- State of Missouri v. Michael L. JohnsonMissouri Court of Appeals · 2016
- State v. PointerMissouri Court of Appeals · 1996
- Land Clearance for Redevelopment Authority of the City of St. Louis v. James Townsend OsherMissouri Court of Appeals · 2020
- State of Missouri v. Coty Jack BorstMissouri Court of Appeals · 2022
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