State v. Ware

KAROHL, Judge.

The state charged and proved defendant committed first degree murder, § 565.020 RSMo.1986. He was sentenced to life in prison without probation or parole. Defendant asserts: (1) use of MAI-CR3d 310.50, which submits intoxication or addiction for jury consideration on the issue of intent, was in error because it relieved the state of the requirement of proving every element of the crime; (2) the warrantless search of defendant’s apartment and subsequent seizure of evidence was a Fourth Amendment violation requiring suppression of objects seized; (3) the grand and petit jury…