Legal Opinion · Dissent

State v. Amschler

Missouri Court of Appeals

Decided June 2, 2015No. ED 101585Published

1DissentKurt S. Odenwald, P.J.

Kurt S. Odenwald, Presiding Judge

Appellant Aaron Amschler (“Aaron”)1 appeals the judgment and sentence entered upon a jury verdict finding him guilty of one count of unlawful use of a weapon for discharging a firearm while intoxicated in violation of Section 571.030.1(5).2 I would affirm the trial court’s judgment because the record lacks substantial evidence of an imminent or immediate danger required to support a jury instruction based upon self-defense. I agree with the trial court’s refusal to instruct the jury on self-defense and respectfully dissent from the majority opinion.

This case…

2Cases cited6 opinions

  1. State v. HarrisSupreme Court of Missouri · 1994
  2. State of Missouri v. Bruce PierceSupreme Court of Missouri · 2014
  3. State v. BongardSupreme Court of Missouri · 1932
  4. State v. PowersMissouri Court of Appeals · 1996
  5. Hendrix v. StateMissouri Court of Appeals · 2012

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