Missouri Court of Appeals, Southern District / Mar 4, 2020
STATE OF MISSOURI, Respondent vs. DOUGLAS DWAYNE EUBANKS, Appellant
Douglas Dwayne Eubanks appealed his conviction for first-degree assault, arguing the trial court erred by refusing to instruct the jury on defense of property. Eubanks claimed there was sufficient evidence to support his belief that the victim was tampering with his property, justifying the use of force. The appellate court affirmed the conviction, finding that the evidence was insufficient to inject the issue of defense of property, as Eubanks' belief regarding tampering was not reasonable under the statute.