State v. Kennedy

CRIST, Judge.

Defendant appeals from a jury conviction for manslaughter for which he was sentenced to a term of ten years’ imprisonment. We affirm.

Defendant does not question the sufficiency of the evidence to uphold the conviction. His only point on appeal is that the trial court erred in failing to submit to the jury paragraph five of the self-defense instruction concerning appearances which turn out to be false. This portion of the instruction is only to be used when the evidence in a particular case warrants its use. Note on Use 6, MAI-CR2d No. 2.41.1; State v. Terry, 684 S.W.2d 874, 875…