565.025. Lesser degree offenses of first and second degree murder--instruction on lesser offenses, when. - Missouri Statutes

Lesser degree offenses of first and second degree murder--instructionon lesser offenses, when.

565.025. 1. With the exceptions provided in subsection 3 ofthis section and subsection 3 of section 565.021, section556.046, RSMo, shall be used for the purpose of consideration oflesser offenses by the trier in all homicide cases.

2. The following lists shall comprise, in the order listed,the lesser degree offenses:

(1) The lesser degree offenses of murder in the first degreeare:

(a) Murder in the second degree under subdivisions (1) and(2) of subsection 1 of section 565.021;

(b) Voluntary manslaughter under subdivision (1) ofsubsection 1 of section 565.023; and

(c) Involuntary manslaughter under subdivision (1) ofsubsection 1 of section 565.024;

(2) The lesser degree offenses of murder in the seconddegree are:

(a) Voluntary manslaughter under subdivision (1) ofsubsection 1 of section 565.023; and

(b) Involuntary manslaughter under subdivision (1) ofsubsection 1 of section 565.024.

3. No instruction on a lesser included offense shall besubmitted unless requested by one of the parties or the court.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)

Effective 10-1-84