State v. Gaston

GRIMM, Presiding Judge.

In this jury tried case, defendant appeals his convictions of (1) second degree murder, a Class A felony under § 565.021 RSMo 1986, and (2) voluntary manslaughter, a Class B felony, in violation of § 565.023 RSMo 1986. We affirm.

Defendant raises three allegations of error. First, the trial court erred in giving a verdict possibilities instruction based on MAI-CR 3d 304.12 instead of one based on MAI-CR 3d 304.16. We disagree because MAI-CR 3d 304.16 is to be used when alternative submissions are made under one count; here, no alternative submissions were given. Second,…