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State v. Beck7/26/2005
inst the victim to defend himself, it could consider not only the imminent danger of harm from the victim, but the imminent danger of harm from the victim 's friends, who he believed were acting in concert with the victim to harm him.
MAI-CR 3d 306.06, the mandatory MAI-CR 3dinstruction for submitting self-defense,Note on Use 2; State v. White, 92 S.W.3d 183, 191 (Mo. App. 2002),reads, in pertinent part:
PART A - GENERAL INSTRUCTIONS
One of the issues (as to Count __) (in this case) is whether the use of force by the defendant against [ name of victim ] was in self-defense. In this state, the use of force (including the use of deadly force) to protect oneself from harm is lawful in certain situations.
[ Use the material in in ALL cases. Omit brackets and number.]
In order for a person lawfully to use force in self-defense, he must reasonably believe he is in imminent danger of harm from the other person. He need not be in actual danger but he must have a reasonable belief that he is in such danger.
If he has such a belief, he is then permitted to use that amount of force that he reasonably believes to be necessary to protect himself. . . . [ Use the material in in ALL cases. Omit brackets and number.]
As used in this instruction, the term 'reasonable belief' means a belief based on reasonable grounds, that is, grounds that could lead a reasonable person in the same situation to the same belief. This depends upon how the facts reasonably appeared. It does not depend upon whether the belief turned out to be true or false.
PART B - SPECIFIC INSTRUCTIONS
On the issue of self-defense (as to Count __) (in this case), you are instructed as follows: [ Select the appropriate paragraphs. Omit brackets and number.]
[ If there is evidence the defendant was the initial aggressor, use the appropriate portions of the following material. If there is no evidence that the defendant was the initial aggressor, skip this paragraph and go to paragraph . ]
If the defendant was not the initial aggressor in the encounter with [ name of victim], (or if he was the initial aggressor and clearly indicated to [ name of victim] his withdrawal from the encounter, [ See Notes on Use 5(a) for modification if a claim of lawful use of force is raised. ])
[ Insert either , , , or as appropriate. Omit brackets and material within the brackets.]
Use the following when there is no evidence as to the use of deadly force. ]
(and if) (If) the defendant reasonably believed he was in imminent danger of harm from the acts of [ name of victim ] and the defendant used only such force as reasonably appeared to be necessary to defend himself, then he acted in lawful self-defense.
"The first part of the instruction, part A, sets out the general requirements for the use of force in self-defense." MAI-CR 3d 306.06, Note on Use 4. "The second part of the instruction, part B, gives specific instructions relating to the specific case." Id., Note on Use 5. "The third part of this instruction, part C, deals with matters of evidence." Id., Note on Use 7.
The appellant contends that in order to properly instruct the jury on the law of self-defense, where, as here, there was evidence of multiple assailants, MAI-CR 3d 306.06 must be modified. Specifically, he claims that MAI-CR 3d 306.06, Part B - SPECIFIC INSTRUCTIONS, paragraph should be modified so as to read:
(and if) (If) the defendant reasonably believed he was in imminent danger of harm from the acts of [ name of victim] [ and those whom the defendant reasona
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