State v. Roe

LAWRENCE E. MOONEY, Judge.

Richard Roe (“Defendant”) appeals the judgment and sentence entered upon his convictions for first-degree murder and armed criminal action. In his sole point on appeal, Defendant contends the trial court plainly erred in submitting a verdict-directing instruction that allowed the jury to convict him of first-degree murder without finding the requisite intent to Mil. We reverse and remand with directions.

FACTUAL AND PROCEDURAL BACKGROUND

The facts, which we have largely borrowed from our opinion in State v. Roe, 845 S.W.2d 601 (Mo.App. E.D.1992), are as follows:

On…