State v. Sanders

Sanders was convicted of murder in the second degree and is serving a sentence of life imprisonment for the murder of Sherilyn Hill (RSMo section 565.021.1). Consistent with the indictment, the trial court instructed the jury it must find Sanders guilty of second-degree murder if the jury found beyond a reasonable doubt that Sanders knowingly caused Hill’s death by “kicking her and strangling her.” The court also instructed the jury on voluntary manslaughter, which, like the second-degree murder instruction, required the jury to determine whether Sanders caused Hill’s death by “kicking her and strangling her.” The trial court refused Sanders’ requested instruction on the lesser included offense of involuntary manslaughter, which would have required the jury to determine whether Sanders “recklessly” caused Hill’s death by “kicking her.” The Missouri Supreme Court affirmed the conviction. The trial court did not err by refusing to instruct the jury on involuntary manslaughter because Sanders’ proffered involuntary manslaughter instruction impermissibly modified the charged offense by requiring the jury to find he caused Hill’s death by kicking her as opposed to kicking and strangling her. View "State v. Sanders" on Justia Law