Missouri Court of Appeals, Southern District / Feb 1, 2024
STATE OF MISSOURI, Plaintiff-Respondent vs. NAPOLEON EMANUEL, Defendant-Appellant
Napoleon Emanuel was convicted of unlawful distribution of a controlled substance in a protected location following a jury trial. On appeal, he argued the trial court plainly erred by failing to instruct the jury that its verdict must be unanimous, a mandatory instruction. The appellate court reversed and remanded for a new trial, holding that the complete omission of the unanimity instruction, which was not otherwise conveyed, constituted plain error affecting the jury's verdict and resulting in manifest injustice.