State v. Campbell

GUNN, Judge.

Defendant-appellant was convicted on two counts of assault with intent to do great bodily harm without malice, in violation of § 559.190.1 On appeal, defendant raises the issue of double jeopardy and also contends that the trial court erred in failing to instruct on justifiable and excusable assault. We find no merit in defendant’s contentions and affirm the judgment.

A trash fire on a vacant lot near defendant’s home in St. Louis led to defendant’s problems. On the day of the fire, defendant was in a neighborhood tavern about two blocks from his home. He had consumed a substantial…