State v. Mogan

CROW, Judge.

A jury found Defendant, Kenneth Mogan, guilty of sale of more than five grams of marijuana, § 195.211, RSMo Cum.Supp.1989, and assessed punishment at five years’ imprisonment. The trial court entered judgment per the verdict.

Defendant appeals. His sole point relied on avers the trial court erred in that the verdict-directing instruction was not patterned on MAI-CR 3d 304.04 (criminal responsibility for another’s conduct). Defendant maintains the evidence indicated one James Reeder, not Defendant, was the marijuana seller.

Before an instruction may be submitted to the jury, there…