From Casetext: Smarter Legal Research

State v. Moore

Missouri Court of Appeals, Southern District, Division Two
Jun 10, 1992
832 S.W.2d 335 (Mo. Ct. App. 1992)

Opinion

No. 17754.

June 10, 1992.

APPEAL FROM THE CIRCUIT COURT, SCOTT COUNTY, ANTHONY J. HECKEMEYER, J.

Marcie W. Bower, Columbia, for appellant.

William L. Webster, Atty. Gen., Hugh L. Marshall, Asst. Atty. Gen., Jefferson City, for respondent.


A jury found defendant Sheila Moore guilty of assault in the second degree, and she was sentenced to five years' imprisonment. Defendant appeals.

Defendant's sole point is that the trial court committed plain error in giving Instruction 4, based on MAI-CR 3d 302.04 because it improperly defined "proof beyond a reasonable doubt" and allowed the jury to find defendant guilty based on a degree of proof below that required by due process.

The same attack has been made previously upon MAI-CR 3d 302.04 and its predecessor, MAI-CR 2d 2.20, and has been uniformly rejected. State v. Griffin, 818 S.W.2d 278, 282[7] (Mo. banc 1991); State v. Antwine, 743 S.W.2d 51, 62-63[12] (Mo. banc 1987); State v. McKeehan, 824 S.W.2d 152, 155[6] (Mo.App. 1992); State v. McIntire, 819 S.W.2d 411, 413[5] (Mo.App. 1991). The trial court did not commit error, plain or otherwise, in giving Instruction 4. Defendant's point has no merit.

The judgment is affirmed.

SHRUM, P.J., and MONTGOMERY, J., concur.


Summaries of

State v. Moore

Missouri Court of Appeals, Southern District, Division Two
Jun 10, 1992
832 S.W.2d 335 (Mo. Ct. App. 1992)
Case details for

State v. Moore

Case Details

Full title:STATE OF MISSOURI, RESPONDENT, v. SHEILA MAE MOORE, APPELLANT

Court:Missouri Court of Appeals, Southern District, Division Two

Date published: Jun 10, 1992

Citations

832 S.W.2d 335 (Mo. Ct. App. 1992)

Citing Cases

State v. Davenport

State v. Griffin, 818 S.W.2d 278, 282[7] (Mo. banc 1991). See: State v. Moore, 832 S.W.2d 335, 336 (Mo.App.…