State v. Gannaway

TITUS, Judge.

A Greene County jury declared defendant guilty of second degree assault [§ 565.060-1(2) ] 1 and kidnapping [§ 565.110-1(4) ] for which he was respectively sentenced to consecutive prison terms of three and twelve years. Defendant appealed. 2

Defendant’s initial point relied on is that the court nisi erred in failing to submit a MAI-CR2d 3.30.1 instruction, “Intoxicated or Drugged Condition — Negation of Purpose or Knowledge”, for the offense of second degree assault. 3 The initial trouble with this point relied on is that, contrary to the mandates of Rule 30.06(e), the argument…