Gardenlady
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Here is the MO laws, chapter on offenses against the person:
http://www.moga.mo.gov/statutes/chapters/chap565.htm
I think this sounds like it falls under voluntary manslaughter, not first degree murder (maybe second degree murder, at the most). Here are the definitions:
http://www.moga.mo.gov/statutes/chapters/chap565.htm
I think this sounds like it falls under voluntary manslaughter, not first degree murder (maybe second degree murder, at the most). Here are the definitions:
First degree murder, penalty--person under sixteen years of age not to receive death penalty.
565.020. 1. A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter.
2. Murder in the first degree is a class A felony, and the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor; except that, if a person has not reached his sixteenth birthday at the time of the commission of the crime, the punishment shall be imprisonment for life without eligibility for probation or parole, or release except by act of the governor.
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1990 H.B. 974)
CROSS REFERENCE:
Execution, location, duties of the warden, 546.730
Second degree murder, penalty.
565.021. 1. A person commits the crime of murder in the second degree if he:
(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or
(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.
2. Murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.
3. Notwithstanding section 556.046 and section 565.025, in any charge of murder in the second degree, the jury shall be instructed on, or, in a jury-waived trial, the judge shall consider, any and all of the subdivisions in subsection 1 of this section which are supported by the evidence and 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
*No continuity with § 565.021 as repealed by L. 1983 S.B. 276.
CROSS REFERENCE:
No bail, certain defendants, certain offenses, 544.671
(2004) Unborn child is a person for purposes of section. State v. Rollen, 133 S.W.3d 57 (Mo.App.E.D.).
Voluntary manslaughter, penalty--under influence of sudden passion, defendant's burden to inject.
565.023. 1. A person commits the crime of voluntary manslaughter if he:
(1) Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he caused the death under the influence of sudden passion arising from adequate cause; or
(2) Knowingly assists another in the commission of self-murder.
2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.
3. Voluntary manslaughter is a class B felony.
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)
Effective 10-1-84