State v. Moore

REINHARD, Judge.

Defendant appeals following his conviction by a jury for the offense of manslaughter, § 565.005, RSMo 1978.1

Defendant was indicted and tried on a charge of capital murder. The trial court submitted instructions to the jury on second degree murder and manslaughter, in addition to capital murder. The jury returned a verdict finding defendant guilty of manslaughter.

Subsequent to the verdict of guilty, the court submitted to the jury MAI-CR 2d Instructions 15.30 and 15.50. Counsel for the state and defendant argued the issue of punishment to the jury, and the jury retired to…