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STATE v. POINTER

No. 47275.

887 S.W.2d 652 (1994)

STATE of Missouri, Respondent, v. Larry D. POINTER, Jr., Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 1, 1994.

Application to Transfer Denied December 20, 1994.

Attorney(s) appearing for the Case

Stephen J. Harris, Office of the State Public Defender, Columbia, for appellant.

Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before KENNEDY, P.J., and ULRICH and SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 1, 1994.

KENNEDY, Presiding Judge.

Larry D. Pointer was convicted upon jury trial of first degree murder, section 565.020.1, RSMo Supp.1990. There was evidence he shot his victim to death, and that he was intoxicated at the time. The court, over Pointer's objection, gave to the jury an instruction based on MAI-CR3d 310.50, which read: "You are instructed that an intoxicated or a drugged...

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