defendant asserts instruction (Missouri) · Go Syfert
← Missouri issues

defendant asserts instruction in Missouri

5 Missouri opinions name it 2 courts 1964–2002 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Missouri.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
State v. Bland green
mo · 1962
2 sentences

1964The clause, “you will acquit the defendant if you fail to find all of the aforesaid facts as stated”, has been commonly used in such instructions, and State v. Bland, Mo., 353 S.W.2d 584 , held that it did not “fail to make clear the jury’s duty to find defendant not guilty if it failed to find the hypothesized facts beyond a reasonable doubt.” 353 S.W.2d 589 .

1964The clause, "you will acquit the defendant if you fail to find all of the aforesaid facts as stated", has been commonly used in such instructions, and State v. Bland, Mo., 353 S.W.2d 584 , held that it did not "fail to make clear the jury's duty to find defendant not guilty if it failed to find the hypothesized facts beyond a reasonable doubt." 353 S.W.2d 589 .

21964–1964
State v. Worley green
mo · 1962
2 sentences

1964The clause, “you will acquit the defendant if you fail to find all of the aforesaid facts as stated”, has been commonly used in such instructions, and State v. Bland, Mo., 353 S.W.2d 584 , held that it did not “fail to make clear the jury’s duty to find defendant not guilty if it failed to find the hypothesized facts beyond a reasonable doubt.” 353 S.W.2d 589 .

1964The clause, "you will acquit the defendant if you fail to find all of the aforesaid facts as stated", has been commonly used in such instructions, and State v. Bland, Mo., 353 S.W.2d 584 , held that it did not "fail to make clear the jury's duty to find defendant not guilty if it failed to find the hypothesized facts beyond a reasonable doubt." 353 S.W.2d 589 .

21964–1964
Brown v. State green
mo · 2002
1 sentence

2002Brown, 66 S.W.3d at 730 .

12002–2002
State v. Horton green
moctapp · 1980
1 sentence

1987State v. Horton, 607 S.W.2d 764 (Mo.App.1980).

11987–1987
State v. Wing green
mo · 1970
1 sentence

1987State v. Wing, supra. Evidence of prior convictions for drug offenses is admissible to show predisposition where the defendant asserts the defense of entrapment.

11987–1987
Jones v. Smith green
mo · 1963
1 sentence

1976Jones v. Smith, 372 S.W.2d 71 (Mo.1963). 5 *35 The defendant asserts that error was committed in submitting a portion of the plaintiff’s verdict directing instruction.

11976–1976

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 491.050 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 41 (1928–2018) MA 38 (1988–2026) IL 36 (1932–2026) CT 26 (1966–2025) NY 19 (1980–2025) CA 19 (1957–2024) OH 16 (2000–2025) IN 15 (1984–2020) MI 12 (1977–2021) NC 12 (1925–2022) NH 10 (1995–2019) LA 10 (1981–2018) GA 9 (1984–2002) WA 8 (1999–2025) IA 8 (1970–2016) FL 8 (1980–2013) TN 8 (1997–2020) VT 8 (1990–2023) AL 7 (2002–2011) CO 7 (1972–2020) MT 6 (1936–2025) MN 6 (1997–2018) ID 6 (1982–2012) NM 5 (1972–2023) MS 5 (2002–2015) MO 5 (1964–2002) NJ 5 (1951–2023) PA 4 (2016–2025) VA 3 (2006–2016) WI 3 (1978–2025) RI 3 (1981–2009) DC 3 (1975–2016) OR 3 (2003–2012) KS 3 (2000–2026) KY 2 (2000–2015) WV 2 (1982–1984) NE 2 (1953–1988) MD 2 (2012–2017) ND 2 (1982–1985)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check