substantially similar instruction in Missouri

9 Missouri opinions name it 2 courts 1943–2002 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 (3)

Case	Followed	Cited
Morris v. Dukergreen mo · 1967 · cited in 1 Missouri opinions naming this issue, 1975–1975 2 sentences 1975Plaintiff’s second point under her argument on appeal is that the court in the instructions should have defined to the jury the terms “place of safety” and “immediate path.” However, in Morris v. Duker, 414 S.W.2d 77, 81 (Mo.1967), a substantially similar instruction using those terms was approved. 1975In Duker, supra, the plaintiff was two-thirds of the way across a three-lane, one-way street after the first two lanes of cars had stopped for her when she stepped into the third lane and was struck by the defendant’s car.	1	1
State v. Jacksongreen mo · 1960 · cited in 1 Missouri opinions naming this issue, 1965–1965 1 sentence 1965A substantially similar instruction was approved by this court in State v. Jackson, Mo., 338 S.W.2d 848, 851 [5], and in State v. Smith, Mo., 342 S.W.2d 940, 942 [6], If defendant believed that further explanation of the terms “break” and “enter” were required, he should have requested1 clarification or submitted an additional instruction thereon.	1	1
State v. Smithgreen mo · 1961 · cited in 1 Missouri opinions naming this issue, 1965–1965 1 sentence 1965A substantially similar instruction was approved by this court in State v. Jackson, Mo., 338 S.W.2d 848, 851 [5], and in State v. Smith, Mo., 342 S.W.2d 940, 942 [6], If defendant believed that further explanation of the terms “break” and “enter” were required, he should have requested1 clarification or submitted an additional instruction thereon.	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 (10)

Case	Cited	Years
State v. Young green mo · 1985 2 sentences 1988(L.F. 108) In State v. Young, 701 S.W.2d 429 (Mo. banc 1985), appellant offered a substantially similar instruction for use in the punishment phase. 1988In that case, we stated: In State v. Young, 701 S.W.2d 429 (Mo. banc 1985), appellant offered a substantially similar instruction for use in the punishment phase.	2	1988–1988
McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business Regulation green scotus · 1990 2 sentences 2002A substantially similar claim was refuted in McKesson , which held that awarding taxpayer declaratory and injunctive relief against continued enforcement of the offending statute was prospective relief only, and, for that reason, did not satisfy the state’s obligation under the Due Process Clause, which requires “meaningful backward-looking relief to rectify any unconstitutional deprivation.” Id. at 31 , 110 S.Ct. 2238 . 2002A substantially similar claim was refuted in McKesson , which held that awarding taxpayer declaratory and injunctive relief against continued enforcement of the offending statute was prospective relief only, and, for that reason, did not satisfy the state’s obligation under the Due Process Clause, which requires “meaningful backward-looking relief to rectify any unconstitutional deprivation.” Id. at 31 , 110 S.Ct. 2238 .	1	2002–2002
State v. Brown green mo · 1969 1 sentence 1978Its genesis undoubtedly lies in cases such as State v. Brown, 443 S.W.2d 805 (Mo.banc 1969), antedating the adoption and approval of MAI-CR 4.50 and other pattern criminal instructions, holding that a trial court is vested with broad discretion in submitting a substantially similar instruction to a jury after it has retired for 'deliberation, but prior to arriving at any \ determination of the accused’s guilt or inno- . cence.	1	1978–1978
State v. Hill green mo · 1918 2 sentences 1965A substantially similar instruction was approved by this court in State v. Hill, 273 Mo. 329 , 201 S.W. 58 [4], See also 2 Raymond’s Missouri Instructions, Section 3092. 1965A substantially similar instruction was approved by this court in State v. Hill, 273 Mo. 329 , 201 S.W. 58 [4], See also 2 Raymond’s Missouri Instructions, Section 3092.	1	1965–1965
State v. Shriver green mo · 1955 1 sentence 1965State v. Shriver, Mo., 275 S.W.2d 304, 309 , where this court said: “The word ‘accident’ is not a technical word, but is one in common use and generally understood by everyone.	1	1965–1965
Baker v. Kansas City Public Service Co. green · 1944 2 sentences 1952In Baker v. Kansas City Public Service Co., 353 Mo. 625 , 183 S.W.2d 873 , a substantially similar instruction was given. 1952In Baker v. Kansas City Public Service Co., 353 Mo. 625 , 183 S.W.2d 873 , a substantially similar instruction was given.	1	1952–1952
State v. Bryant green mo · 1896 2 sentences 1943There is a longer form, though no plainer in its directions, taken from State v. Bryant, 134 Mo. 246 , 252, 35 S.W. 597 and the same or a substantially similar instruction was approved in State v. Hale, 156 Mo. 102 , 106, 56 S.W. 881 ; State v. Bateman, 196 Mo. 35 , 39, 95 S.W. 413 ; State v. Glasscock, 232 Mo. 278 , 294-295, 134 S.W. 549 . 1943There is a longer form, though no plainer in its directions, taken from State v. Bryant, 134 Mo. 246 , 252, 35 S.W. 597 and the same or a substantially similar instruction was approved in State v. Hale, 156 Mo. 102 , 106, 56 S.W. 881 ; State v. Bateman, 196 Mo. 35 , 39, 95 S.W. 413 ; State v. Glasscock, 232 Mo. 278 , 294-295, 134 S.W. 549 .	1	1943–1943
State v. Hale green mo · 1900 2 sentences 1943There is a longer form, though no plainer in its directions, taken from State v. Bryant, 134 Mo. 246 , 252, 35 S.W. 597 and the same or a substantially similar instruction was approved in State v. Hale, 156 Mo. 102 , 106, 56 S.W. 881 ; State v. Bateman, 196 Mo. 35 , 39, 95 S.W. 413 ; State v. Glasscock, 232 Mo. 278 , 294-295, 134 S.W. 549 . 1943There is a longer form, though no plainer in its directions, taken from State v. Bryant, 134 Mo. 246 , 252, 35 S.W. 597 and the same or a substantially similar instruction was approved in State v. Hale, 156 Mo. 102 , 106, 56 S.W. 881 ; State v. Bateman, 196 Mo. 35 , 39, 95 S.W. 413 ; State v. Glasscock, 232 Mo. 278 , 294-295, 134 S.W. 549 .	1	1943–1943
State v. Bateman neutral mo · 1906 2 sentences 1943There is a longer form, though no plainer in its directions, taken from State v. Bryant, 134 Mo. 246 , 252, 35 S.W. 597 and the same or a substantially similar instruction was approved in State v. Hale, 156 Mo. 102 , 106, 56 S.W. 881 ; State v. Bateman, 196 Mo. 35 , 39, 95 S.W. 413 ; State v. Glasscock, 232 Mo. 278 , 294-295, 134 S.W. 549 . 1943There is a longer form, though no plainer in its directions, taken from State v. Bryant, 134 Mo. 246 , 252, 35 S.W. 597 and the same or a substantially similar instruction was approved in State v. Hale, 156 Mo. 102 , 106, 56 S.W. 881 ; State v. Bateman, 196 Mo. 35 , 39, 95 S.W. 413 ; State v. Glasscock, 232 Mo. 278 , 294-295, 134 S.W. 549 .	1	1943–1943
State v. Glasscock green mo · 1911 2 sentences 1943There is a longer form, though no plainer in its directions, taken from State v. Bryant, 134 Mo. 246 , 252, 35 S.W. 597 and the same or a substantially similar instruction was approved in State v. Hale, 156 Mo. 102 , 106, 56 S.W. 881 ; State v. Bateman, 196 Mo. 35 , 39, 95 S.W. 413 ; State v. Glasscock, 232 Mo. 278 , 294-295, 134 S.W. 549 . 1943There is a longer form, though no plainer in its directions, taken from State v. Bryant, 134 Mo. 246 , 252, 35 S.W. 597 and the same or a substantially similar instruction was approved in State v. Hale, 156 Mo. 102 , 106, 56 S.W. 881 ; State v. Bateman, 196 Mo. 35 , 39, 95 S.W. 413 ; State v. Glasscock, 232 Mo. 278 , 294-295, 134 S.W. 549 .	1	1943–1943

Where else courts name it

CA 37 (1900–2022) OH 21 (1986–2018) PA 17 (2005–2025) HI 9 (1981–2015) TX 9 (2008–2024) MO 9 (1943–2002) IN 8 (1980–2017) FL 7 (1969–2015) IL 6 (1905–2025) WA 6 (1903–2016) NM 6 (2014–2024) CO 5 (1990–2015) CT 5 (1928–2021) MA 5 (1943–2007) WV 4 (1982–2026) NC 4 (1994–2022) IA 3 (1988–2014) UT 3 (2017–2020) NY 3 (1980–1985) AZ 3 (1986–2005) KS 3 (2012–2015) MI 3 (1980–2022) MN 2 (2004–2019) GA 2 (1962–2016) ID 2 (2007–2014) VT 2 (2010–2017)

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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