State v. Cline

*823HIGGINS, Judge.

Herbert Cline was convicted by a jury of possessing methamphetamine, section 195.-202, RSMo 1986. The jury assessed his punishment at imprisonment for five years; judgment was entered accordingly; the Court of Appeals, Western District, affirmed the judgment. This Court granted transfer to consider whether the trial court erred in giving Instruction 5, the verdict-directing instruction. Because of the stated error, the judgment must be reversed and the cause remanded for new trial.

I

Preliminary to consideration of the instruction question is the need to address appellant’s…