Section 26.37 Instructions

• Library: Criminal Practice 2012 Supp

c. (§26.37) Instructions

A defendant must specifically object to an instruction before its submission to the jury to preserve the issue for appeal, although the failure to do so does not preclude “plain error” review. Rule 28.03; State v. Wurtzberger, 40 S.W.3d 893, 878–79 (Mo. banc 2001). Even if the defense timely objects during trial, an instructional error must be re-asserted in a motion for new trial by virtue of the provision in Rule 29.11(d) that allegations of error in jury-tried cases “must be included in a motion for new trial” to be...