An instruction is due when it has support in substantial evidence. Evidence showed that defendant shot persons who ran at defendant with a firearm, and punched defendant through defendant’s open car window, so an instruction was due under statute embodying the Castle Doctrine. The Castle Doctrine allows deadly force reasonably believed necessary against unlawful force from a person who unlawfully entered her vehicle. Evidence that the person who struck defendant withdrew immediately does not negate the evidence that the unlawful entry and gunshot occurred simultaneously. Submitting only a general self-defense instruction prejudiced defendant because that instruction required defendant to show that defendant faced death or serious physical injury. When the evidence supported instructions for both general self-defense and Castle Doctrine, both instructions were due. Remanded for new trial.
State of Missouri, Respondent, vs. Andrea Shaunte Straughter, Appellant.
Supreme Court of Missouri – SC99170
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