State v. Brigham

MAUS, Judge.

The defendant was charged with having committed murder in the second degree on May 15, 1984, by stabbing to death his ex-wife, Angela Michelle Cole. § 565.004, RSMo 1978, 1 (repealed effective October 1, 1984). During the trial, after presenting the testimony of a psychologist, the defendant withdrew his plea of not guilty by reason of mental disease or defect. The jury was instructed upon murder in the second degree and upon manslaughter. They were also instructed on diminished capacity under § 552.030.3, RSMo 1978. That subsection was deleted by Laws of Mo.1985, p. 987. The jury…