Section 10.74 Instruction Errors

• Library: App Ct Prac 2015 Supp

C. (§10.74) Instruction Errors

In regard to the review of claimed instruction errors, Rule 28.02(f) provides that, if an instruction or verdict form is given or is not given in violation of Rule 28 or the applicable Notes on Use, it shall constitute error. The prejudicial effect of that error is to be judicially determined. It should be remembered, however, that only the Supreme Court of Missouri can declare an MAI-CR instruction erroneous, inadequate, defective, or unconstitutional. State v. Lawson, 630...