Missouri Court of Appeals, Southern District / Jun 10, 2019
STATE OF MISSOURI, Respondent vs. DAVID JOE VANLUE, Appellant
David Vanlue was convicted of first-degree assault on a law-enforcement officer. On appeal, Vanlue argued the trial court erred by not instructing the jury on the lesser-included offense of second-degree assault on a law-enforcement officer, an error the state conceded. The appellate court agreed the error occurred and found it was prejudicial, despite the state's arguments regarding the strength of the evidence and the jury's quick verdict. The court reversed the judgment and remanded the case for further proceedings.