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State v. Beck7/26/2005
Opinion Vote: REVERSED AND REMANDED.
Spinden and Holliger, JJ., concur.
Opinion:
Patrick L. Beck appeals the judgment of his conviction, after a jury trial in the Circuit Court of Morgan County, of assault in the second degree, section 565.060, for which he was sentenced to three years in the Missouri Department of Corrections. He was charged with assault in the first degree, section 565.050, but was acquitted of that offense. He was charged with stabbing the victim with a knife, causing serious physical injury. At trial, he admitted to the stabbing, but claimed self-defense, in accordance with section 563.031 . Specifically, he claimed that he was justified in stabbing the victim in that the victim held him from behind while two of the victim's friends approached him brandishing a baseball bat and a metal pipe in a threatening manner.
The appellant raises three points on appeal. In Point I, he claims that the trial court plainly erred in failing to declare, sua sponte,a mistrial for the State's arguing to the jury that in considering whether the appellant acted in self-defense, as submitted in Instruction No. 11, which was proffered by the appellant and patterned after MAI-CR 3d 306.06, it could only consider the actions of the victim and not those of his friends because the argument misstated the law of self-defense found in section 563.031 . In Point II, he claims that the trial court plainly erred in failing to modify, sua sponte,Instruction No. 11, to instruct the jury that it could consider not only the actions of the victim, but the victim's friends, in determining whether he acted in self-defense in stabbing the victim, because without modification, MAI-CR 3d 306.06, contrary to the law of self-defense, does not provide for instances of self-defense in cases of multiple assailants, as in this case. In Point III, he claims that the trial court plainly erred in entering its judgment of conviction on the jury 's verdict finding him guilty of the class C felony of assault in the second degree, section 565.060, as submitted in Instruction No. 7, because it did not, as required by due process, hypothesize all the requisite proof elements of that crime.
We reverse and remand.
Facts
In the early morning hours of August 6, 2000, an incident occurred in the parking lot of the Hangout Bar and Grill in Ivy Bend, Missouri, involving the appellant and Matthew Snarr, the victim. Prior to the incident, both men, who had never met, had been in the bar for several hours with different groups of people. At some point, they exited the bar and a confrontation ensued in the parking lot, which ultimately resulted in the appellant stabbing the victim six times.
On April 14, 2003, an information was filed in the Circuit Court of Morgan County, charging the appellant with assault in the first degree, section 565.050 . The appellant's case proceeded to a jury trial on September 2, 2003. The appellant admitted at trial to stabbing the victim, but claimed he was acting in self-defense. The victim testified that the appellant followed him outside of the bar and attacked him with a knife. He testified that neither he nor his friends provoked the appellant in any way.
The appellant testified that the victim and two of his friends instigated a fight with him and his friend, Waylon Bashrum, because one of the victim's friends believed Bashrum was "looking at old lady." He further testified that the victim forcefully held him from behind while the victim's friends approached him brandishing a baseball bat and metal pipe in a threatening manner. According to the appellant, it was necessary for him to stab the victim bec
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