[Download] "State Missouri v. Samuel Levi Erwin" by Supreme Court of Missouri * Book PDF Kindle ePub Free

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Title: State Missouri v. Samuel Levi Erwin
Author : Supreme Court of Missouri
Release Date : January 23, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

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Defendant was charged with first degree murder, § 565.020, 1 but was convicted upon jury trial of second degree
murder, § 565.021, and sentenced to life imprisonment: In addition, he was charged and convicted of armed criminal
action, § 571.015, with a sentence of fifty years' imprisonment. The sentences were to be served consecutively.
Following opinion, the case was transferred to this Court. Mo. Const. art. V, § 10. The issue motivating transfer
is whether defendant's due process rights are violated because he could not rely on intoxication as a defense and because
the approved instruction on intoxication relieves the state of its burden of proof as to the accused's mental state. While
we adhere to the rule that voluntary intoxication is not a defense, the judgment is reversed. FACTS