Supreme Court of Missouri· 9/21/1999

State v. Hibler

Citations

5 S.W.3d 147
1999 WL 732239

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding third-degree assault is a lesser-included offense of second-degree assault
finding a refusal of a third-degree instruction was improper because the evidence that the victim was choked for 20 to 30 seconds “was sufficient proof of an attempt to cause physical injury to the victim” and not an attempt to cause serious physical injury
finding a refusal of a third-degree instruction was improper because the evidence that the victim was choked for 20 to 30 seconds “was sufficient proof of an attempt to cause physical injury to the victim” and not an attempt to cause serious physical injury
“The key language of Missouri’s section 556.046 tracks section 1.07(4)-(5) of the Model Penal Code”
“The key language of Missouri’s section 556.046 tracks section 1.07(4)-(5) of the Model Penal Code”
“A reasonable jury could have believed that appellant did not attempt to kill the victim.... Therefore, there was a basis for acquitting appellant of first degree assault”

Source: CourtListener parenthetical corpus (CC0).

Judges: Duane Benton

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Cited by

47 cases in this archive cite this case; the 20 most cited are listed.

Cites

18 cases in this archive are cited by this case.

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