Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State v. Brooks, 960 S.W.2d 479 (1997)

Citation
State v. Brooks, 960 S.W.2d 479 (1997)
Parent Document
State v. Brooks, 960 S.W.2d 479 (1997)
Jurisdiction
Missouri (state)
Effective Date
1997-12-23

Other Sections in This Document (214)

Full Text

671 chars
. The state properly observes that definitions of "rape” and "attempt” and "substantial step” should have been included in Instruction No. 18. MAI-CR 3d, Notes on Use 8. (Both the third and fourth aggravating circumstances were submitted without a definition of the underlying felony of kidnapping or attempted rape as required by MAI-CR 3d 313.40.) Appellant could not have suffered manifest injustice, however, because the jury had already determined these elements beyond a reasonable doubt, having deliberated and found appellant guilty of both kidnapping and attempted rape — all elements of which were properly set forth and defined in the guilt phase instructions.