State v. Pruitt

CRIST, Judge.

Appellant (defendant), charged with capital murder, was convicted by a jury of manslaughter, § 565.005, RSMo 1978, and sentenced to serve ten years with the Department of Corrections. His sole point on appeal is that the prosecutor during closing argument told the jury to disregard the fourth paragraph of the self-defense instruction (patterned on MAI-CR 2.41.1), and consequently so confused and misled the jury that the verdict was a miscarriage of justice. Defendant seeks a reversal under the “plain error” doctrine, Rule 29.12(b), as the point was not raised in his motion for…