541 SW2D 530 - State v. Sanders

How this case has been cited

Cited by 54 later decisions — most recently August 2000 · most notably State v. Cline (1991), State v. Mitchell (1981)

54 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

BARDGETT, Judge

¶1(dissenting).

¶2I respectfully dissent. The defendant specifically requested the MAI-CR excusable homicide instruction which was refused. The motion for new trial alleged error in failing to give that instruction because “it was warranted by the evidence”. When the point is so stated with reference to a specific MAI-CR instruction that has been requested, I believe the error is preserved for review. The principal opinion demonstrates that there was evidence to support the excusable homicide instruction. Therefore I would reverse and remand for error in refusing to give the requested instruction.