State v. Boyer

SIMON, Presiding Judge.

Appellant, Ronald L. Boyer, appeals from a conviction of murder in the second degree pursuant to a jury verdict. At the time of the trial, under the Missouri Criminal Code § 557.036.2 RSMo (1978), if the jury could not agree on punishment, the trial court assessed punishment. Pursuant to this section, the trial court sentenced Boyer to a twenty year term of imprisonment.

On appeal, Boyer raises three points of error. First, that the trial court erred in giving jury instruction # 9 patterned after MAI-CR 2d 15.18 on conventional manslaughter because the instruction failed…