State v. Robinson

Defendant appeals from a jury-trial conviction of possession of a weapon on the premises of a correctional institution, § 217.360.1(4), RSMo Supp.1984, and assault in the first degree, § 565.050, RSMo Supp.1984, and sentence to consecutive five- and twenty-year terms of imprisonment.

Defendant contends that the trial court erred in the following respects: by failing to give a requested instruction on emergency justification as a defense; and, by submitting the assault count to the jury because there was no evidence to support a finding of intent to cause serious physical injury. The judgment…