Missouri Court of Appeals, Eastern District / Feb 11, 2020
State of Missouri, Respondent, vs. Albert Welch, Appellant.
Albert Welch appealed his convictions for assault, armed criminal action, unlawful use of a weapon, endangering the welfare of a child, and domestic assault, stemming from an incident involving a firearm and multiple children. The appellate court reversed and remanded for a new trial on the first-degree assault and armed criminal action counts, finding the trial court erred by refusing to instruct the jury on the lesser-included offense of second-degree assault based on sudden passion. The court affirmed the convictions on all other counts, including those related to child endangerment and the use of a comfort dog during child testimony.