Legal Opinion · Concurrence

State v. Gateley

Missouri Court of Appeals

Decided September 12, 1995No. Nos. 18236, 19783Published

1ConcurrencePrewitt, Judge

I concur in the result. I am of the opinion that the evidence recited in the majority opinion was sufficient for the giving of MAI-CR3d 310.50, regarding voluntary intoxication. One or more members of the jury may have felt that the reprehensible behavior charged would not have occurred except for Appellant’s intoxication.

The points raised as to character in both appeals fortify my opinion that character evidence is “usually insignificant, and often misleading, in the trier of facts’ consideration of the main issues. I believe such evidence tends to confuse more than it helps.” State v.…

2Cases cited2 opinions

  1. State v. HendrixMissouri Court of Appeals · 1985
  2. LaGue v. Farmers & Merchants Insurance Co.Missouri Court of Appeals · 1989

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