State v. Galbraith

NUGENT, Presiding Judge.

Defendant William Galbraith was tried for the murder of Gerald Johnson and the jury found him guilty of murder in the second degree, § 565.0041, and armed criminal action, § 571.015. He was sentenced to life imprisonment on the first count and thirty years’ imprisonment on the latter, the sentences to run concurrently-

The defendant raises six points in this appeal, claiming that the trial court erred: (1) in failing to include a mens rea element in its jury instruction on the lesser included offense of manslaughter; (2) in giving MAI-CR2d 1.02 and MAI-CR2d 2.20 in that…