565.029.  Lesser degree offenses in homicide cases — instruction on lesser offenses, when. — 1.  With the exceptions provided in subsection 3 of this section and subsection 3 of section 565.021, section 556.046 shall be used for the purpose of consideration of lesser offenses by the trier in all homicide cases.

Terms Used In Missouri Laws 565.029

  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Trier: the judge or jurors to whom issues of fact, guilt or innocence, or the assessment and declaration of punishment are submitted for decision. See Missouri Laws 565.002

 2.  The following lists shall comprise, in the order listed, the lesser degree offenses:

 (1)  The lesser degree offenses of murder in the first degree are:

 (a)  Murder in the second degree under subdivisions (1) and (2) of subsection 1 of section 565.021;

 (b)  Voluntary manslaughter under subdivision (1) of subsection 1 of section 565.023;

 (c)  Involuntary manslaughter in the first degree; and

 (d)  Involuntary manslaughter in the second degree;

 (2)  The lesser degree offenses of murder in the second degree are:

 (a)  Voluntary manslaughter under subdivision (1) of subsection 1 of section 565.023;

 (b)  Involuntary manslaughter in the first degree; and

 (c)  Involuntary manslaughter in the second degree.

 3.  No instruction on a lesser included offense shall be submitted unless requested by one of the parties or the court.