second degree instruction in Missouri

20 Missouri opinions name it 2 courts 1945–2020 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 (12)

Case	Followed	Cited
State v. Carsongreen mo · 1997 · cited in 2 Missouri opinions naming this issue, 1999–2011 2 sentences 2011State v. Carson, 941 S.W.2d 518, 520 (Mo. banc 1997) ("If an instruction 144 following MAI-CR 3d conflicts with the substantive law, any court should decline to follow MAI-CR 3d or its Notes on Use.”). 1999*It must be knowingly done, or it is not punishable under § 195.223.” Emmett correctly points out that in State v. Carson, 941 S.W.2d 518 (Mo. banc 1997) — decided after Emmett’s arrest but before the trial court found him guilty— the Supreme Court of Missouri held that when a suspect is charged with trafficking drugs in the second degree in violation of § 195.228.2(2) by bringing drugs into Missouri, the prosecutor must prove the suspect knew or was aware that what he was bringing was a controlled substance.	1	2
Wagner v. Bowyergreen moctapp · 2018 · cited in 1 Missouri opinions naming this issue, 2020–2020 1 sentence 2020The Missouri Supreme Court’s recent opinions in Mitchell v. Jones, No. SC97631, 2020 WL 547402 (Mo. banc Feb. 4, 2020), and Woods v. Missouri Department of Corrections, 3 Because a defendant is sentenced according to the law in effect at the time the offense was committed, Wagner v. Bowyer, 559 S.W.3d 26, 30 (Mo. App. E.D. 2018), all references to section 195.295 are to the REVISED STATUTES OF MISSOURI 2000, as updated through the 2001 Supplement. 4 No. SC97633, 2020 WL 548567 (Mo. banc Feb. 4, 2020), govern our disposition of this appeal.	1	1
Strickland v. Washingtongreen scotus · 1984 · cited in 1 Missouri opinions naming this issue, 2018–2018 2 sentences 2018To demonstrate ineffective assistance of counsel, a movant must show that counsel's performance (1) "did not conform to the degree of skill, care, and diligence of a reasonably competent attorney[,]" and (2) "that movant was thereby prejudiced." Skillicorn v. State , 22 S.W.3d 678 , 681 (Mo. banc 2000) (internal quotations omitted); see also Strickland v. Washington , 466 U.S. 668 , 687, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 2018To demonstrate ineffective assistance of counsel, a movant must show that counsel's performance (1) "did not conform to the degree of skill, care, and diligence of a reasonably competent attorney[,]" and (2) "that movant was thereby prejudiced." Skillicorn v. State , 22 S.W.3d 678 , 681 (Mo. banc 2000) (internal quotations omitted); see also Strickland v. Washington , 466 U.S. 668 , 687, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).	1	1
Edwards v. Gersteingreen mo · 2007 · cited in 1 Missouri opinions naming this issue, 2014–2014 1 sentence 2014"When interpreting statutes, courts do not presume that the legislature has enacted a meaningless provision." Edwards v. Gerstein, 237 S.W.3d 580, 581 (Mo. banc 2007).	1	1
State v. Measegreen mo · 1992 · cited in 1 Missouri opinions naming this issue, 1997–1997 1 sentence 1997State v. Mease, 842 S.W.2d 98, 112 (Mo. banc 1992), cert. denied, 508 U.S. 918 , 113 S.Ct. 2363 , 124 L.Ed.2d 269 (1993).	1	1
State v. Santillangreen mo · 1997 · cited in 1 Missouri opinions naming this issue, 1997–1997 1 sentence 1997Santillan , at 576.	1	1
State v. Olsongreen mo · 1982 · cited in 1 Missouri opinions naming this issue, 1991–1991 1 sentence 1991However, instruction on a lesser included offense is required only when “there is some affirmative evidence of a lack of an essential element of the higher offense which would not only authorize acquittal of the higher, but sustain conviction of the lesser.” State v. Olson, 636 S.W.2d 318, 322 [6] (Mo. banc 1982).	1	1
State ex rel. Pruitt v. Adamsgreen moctapp · 1973 · cited in 1 Missouri opinions naming this issue, 1991–1991 1 sentence 1991Id. at 742, 743 .	1	1
State v. Sloangreen moctapp · 1977 · cited in 1 Missouri opinions naming this issue, 1981–1981 1 sentence 1981In order to sustain a conviction for burglary in the second degree there must be evidence of a forcible breaking and entering into a building. 3 State v. Williams, 416 S.W.2d 71, 72 (Mo.1967); State v. Ewing, 298 S.W.2d 439, 443 (Mo.1957); State v. Sloan, 548 S.W.2d 633, 637 (Mo.App.1977).	1	1
State v. Ewinggreen mo · 1957 · cited in 1 Missouri opinions naming this issue, 1981–1981 1 sentence 1981In order to sustain a conviction for burglary in the second degree there must be evidence of a forcible breaking and entering into a building. 3 State v. Williams, 416 S.W.2d 71, 72 (Mo.1967); State v. Ewing, 298 S.W.2d 439, 443 (Mo.1957); State v. Sloan, 548 S.W.2d 633, 637 (Mo.App.1977).	1	1
State v. Williamsgreen mo · 1967 · cited in 1 Missouri opinions naming this issue, 1981–1981 1 sentence 1981In order to sustain a conviction for burglary in the second degree there must be evidence of a forcible breaking and entering into a building. 3 State v. Williams, 416 S.W.2d 71, 72 (Mo.1967); State v. Ewing, 298 S.W.2d 439, 443 (Mo.1957); State v. Sloan, 548 S.W.2d 633, 637 (Mo.App.1977).	1	1
State v. Fostergreen · 1946 · cited in 1 Missouri opinions naming this issue, 1977–1977 2 sentences 1977A second degree murder instruction was required — and given — because it is the duty of the court to give instructions which cover “ ‘all the essential elements of an offense embraced within the charge,’ ” or, as put another way, the instructions must declare the law “ ‘applicable to every crime, or grade of crime, of which, under the evidence, the jury might convict the accused.’ ” State v. Foster, 355 Mo. 577 , 197 S.W.2d 313, 317-318 (1946). 1977A second degree murder instruction was required — and given — because it is the duty of the court to give instructions which cover “ ‘all the essential elements of an offense embraced within the charge,’ ” or, as put another way, the instructions must declare the law “ ‘applicable to every crime, or grade of crime, of which, under the evidence, the jury might convict the accused.’ ” State v. Foster, 355 Mo. 577 , 197 S.W.2d 313, 317-318 (1946).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (17)

Case	Cited	Years
Skillicorn v. State green mo · 2000 1 sentence 2018To demonstrate ineffective assistance of counsel, a movant must show that counsel's performance (1) "did not conform to the degree of skill, care, and diligence of a reasonably competent attorney[,]" and (2) "that movant was thereby prejudiced." Skillicorn v. State , 22 S.W.3d 678 , 681 (Mo. banc 2000) (internal quotations omitted); see also Strickland v. Washington , 466 U.S. 668 , 687, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).	1	2018–2018
State v. Leisure green mo · 1990 1 sentence 2003Leisure, 796 S.W.2d at 878 ; § 545.030.1(16).	1	2003–2003
Johnson v. Hunter green scotus · 1993 1 sentence 1997State v. Mease, 842 S.W.2d 98, 112 (Mo. banc 1992), cert. denied, 508 U.S. 918 , 113 S.Ct. 2363 , 124 L.Ed.2d 269 (1993).	1	1997–1997
Adderly v. United States green scotus · 1993 1 sentence 1997State v. Mease, 842 S.W.2d 98, 112 (Mo. banc 1992), cert. denied, 508 U.S. 918 , 113 S.Ct. 2363 , 124 L.Ed.2d 269 (1993).	1	1997–1997
Johnson v. Oklahoma green scotus · 1993 1 sentence 1997State v. Mease, 842 S.W.2d 98, 112 (Mo. banc 1992), cert. denied, 508 U.S. 918 , 113 S.Ct. 2363 , 124 L.Ed.2d 269 (1993).	1	1997–1997
State v. McKinney green mo · 1988 2 sentences 1988Trader Bob’s, Inc., the corporate owner of the adult bookstore in State v. McKinney, 756 S.W.2d 527 Nos. 69956 and 69957, was convicted in case No. 69958 of six counts of promoting pornography in the second degree in violation of section 573.030, RSMo 1978, and was fined a total of $30,000. 1988Trader Bob's, Inc., the corporate owner of the adult bookstore in State v. McKinney, 756 S.W.2d 527 Nos. 69956 and 69957, was convicted in case No. 69958 of six counts of promoting pornography in the second degree in violation of section 573.030, RSMo 1978, and was fined a total of $30,000.	1	1988–1988
Miller v. California green scotus · 1973 2 sentences 1988The appeals were transferred to this Court by the Court of Appeals, Eastern District, for answer to appellants’ claim that under the decisions in Pope v. Illinois, 481 U.S. 497 , 107 S.Ct. 1918 , 95 L.Ed.2d 439 (1987), and Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973), the definition of “pornographic” embodied in section 573.-010 is unconstitutional. 1988The appeals were transferred to this Court by the Court of Appeals, Eastern District, for answer to appellants’ claim that under the decisions in Pope v. Illinois, 481 U.S. 497 , 107 S.Ct. 1918 , 95 L.Ed.2d 439 (1987), and Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973), the definition of “pornographic” embodied in section 573.-010 is unconstitutional.	1	1988–1988
Pope v. Illinois green scotus · 1987 2 sentences 1988The appeals were transferred to this Court by the Court of Appeals, Eastern District, for answer to appellants’ claim that under the decisions in Pope v. Illinois, 481 U.S. 497 , 107 S.Ct. 1918 , 95 L.Ed.2d 439 (1987), and Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973), the definition of “pornographic” embodied in section 573.-010 is unconstitutional. 1988The appeals were transferred to this Court by the Court of Appeals, Eastern District, for answer to appellants’ claim that under the decisions in Pope v. Illinois, 481 U.S. 497 , 107 S.Ct. 1918 , 95 L.Ed.2d 439 (1987), and Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973), the definition of “pornographic” embodied in section 573.-010 is unconstitutional.	1	1988–1988
State v. Shriver green mo · 1955 1 sentence 1987In State v. Shriver, 275 S.W.2d 304 (Mo.1955), the accused was convicted of murder in the second degree in violation of § 559.-020, RSMo 1949, a statute identical with § 565.004, RSMo 1978.	1	1987–1987
State v. Treadway green mo · 1977 1 sentence 1979State v. Treadway, supra. Defendant was charged with both burglary in the second degree in violation of § 560.080 RSMo. 1969, and with possession of burglar’s tools in violation of § 560.115 RSMo. 1969.	1	1979–1979
State v. Howard neutral mo · 1945 2 sentences 1974The appellant cites State v. Howard, 354 Mo. 38 , 188 S.W.2d 17 (1945), in which an instruction on murder in the second degree referred to self-defense but failed to notice the additional defense of insanity. 1974The appellant cites State v. Howard, 354 Mo. 38 , 188 S.W.2d 17 (1945), in which an instruction on murder in the second degree referred to self-defense but failed to notice the additional defense of insanity.	1	1974–1974
State v. Cuckovich green mo · 1972 1 sentence 1974State v. Cuckovich, supra, cited in Johnson, and decided by the Court en banc in 1972, holds that the fact that the evidence in a homicide case is circumstantial does not require an instruction on lesser degrees in a first degree murder case.	1	1974–1974
State v. Bradley green mo · 1950 2 sentences 1968State v. Bradley, 361 Mo. 267 , 234 S.W.2d 556 [21]; State v. King, 342 Mo. 1067 , 119 S.W.2d 322 [8]. 1968State v. Bradley, 361 Mo. 267 , 234 S.W.2d 556 [21]; State v. King, 342 Mo. 1067 , 119 S.W.2d 322 [8].	1	1968–1968
State v. King green · 1938 2 sentences 1968State v. Bradley, 361 Mo. 267 , 234 S.W.2d 556 [21]; State v. King, 342 Mo. 1067 , 119 S.W.2d 322 [8]. 1968State v. Bradley, 361 Mo. 267 , 234 S.W.2d 556 [21]; State v. King, 342 Mo. 1067 , 119 S.W.2d 322 [8].	1	1968–1968
State v. Malone green · 1931 2 sentences 1953In State v. Malone, 327 Mo. 1217 , 39 S.W.2d 786 , 800 790, the conviction was of murder in the second degree and the instruction plainly placed upon the defendant the burden of proving that he acted in self-defense, despite the state's burden of proving malice. 1953In State v. Malone, 327 Mo. 1217 , 39 S.W.2d 786 , 800 790, the conviction was of murder in the second degree and the instruction plainly placed upon the defendant the burden of proving that he acted in self-defense, despite the state's burden of proving malice.	1	1953–1953
State v. Erb neutral mo · 1881 1 sentence 1945State v. Kyles, 247 Mo. 640 , 153 S.W. 1047 ; State v. Erb, 74 Mo. 199 .	1	1945–1945
State v. Kyles green · 1913 2 sentences 1945State v. Kyles, 247 Mo. 640 , 153 S.W. 1047 ; State v. Erb, 74 Mo. 199 . 1945State v. Kyles, 247 Mo. 640 , 153 S.W. 1047 ; State v. Erb, 74 Mo. 199 .	1	1945–1945

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 565.020 (3) MO § Mo. Rev. Stat. § 565.021 (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

CT 217 (1982–2025) NY 54 (1969–2025) MO 20 (1945–2020) OH 17 (1966–2025) HI 16 (1994–2026) PA 9 (1997–2024) WA 9 (1991–2025) GA 4 (1989–2012) CA 4 (1921–2021) IL 3 (2021–2024) DE 3 (1996–2003) OR 3 (1994–2020) MA 2 (1981–2018) AR 2 (1983–1985) IA 2 (1905–2018) NC 2 (1899–2000) DC 2 (1987–1998)

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.

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