Supreme Court of Missouri / Jan 11, 2022
State of Missouri, Respondent, vs. Samuel Jerry Whitaker, Appellant.
Samuel Jerry Whitaker appealed his conviction for voluntary manslaughter and armed criminal action, arguing the circuit court erred by refusing to include arson as a forcible felony in his self-defense jury instruction. The Missouri Supreme Court agreed, finding substantial evidence supported Whitaker's requested instruction that deadly force was necessary to protect himself from imminent arson. Because the failure to submit this instruction prejudiced Whitaker, the Court vacated the judgment and remanded the case for further proceedings.