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eBook details

• Title: State Missouri v. Thomas Vern Dillon
• Author : Western District Court of Appeals of Missouri
• Release Date : January 02, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Thomas Vern Dillon was charged by information with one count each 1 of first degree burglary (§ 569.160), second degree robbery (§ 569.030), forcible rape and attempted forcible rape (§ 566.030, RSMo Supp. 1992), forcible sodomy and attempted forcible sodomy (§ 566.060, RSMo Supp. 1992), kidnapping (§ 565.110), first degree tampering (§ 569.080), unlawful use of a weapon (§ 571.030), and two counts of armed criminal action (§ 571.015). A Cass County jury found him guilty on all eleven charges. He was sentenced as a prior and persistent offender to two consecutive terms of life imprisonment and nine other consecutive sentences totaling 150 years imprisonment. We affirm. Dillon raises three points on appeal. First he argues the trial court erred in submitting to the jury an instruction based on MAI-CR3d 301.50 (voluntary intoxication) because it had the effect of excusing the State from proving beyond a reasonable doubt his mental state for each of the offenses charged. In Point II, Dillon asserts the trial court erred in giving MAI-CR3d 302.04 (Burden of Proof) for the reason that it permits a finding of guilt based on a quantum of proof less than ""beyond a reasonable doubt."" And in Point III, he contends the trial court erred in overruling his request for a continuance to seek and obtain expert analysis and testimony regarding his mental state from use of intoxicants.

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