State Missouri v. Cassie Lee Tate

George M. Flanigan, Judge A jury found defendant Cassie Tate guilty of murder in the second degree, § 565.021.1(1), 1 and he was sentenced to life imprisonment. Defendant appeals. Defendant's ""points relied on"" are, in general, that the trial court erred in excluding evidence of defendant's voluntary intoxication at the time of the offense, in failing to instruct on voluntary manslaughter and involuntary manslaughter, and in giving Instruction 6, MAI-CR 2d 13.04, the conventional instruction on murder in the second degree. None of defendant's points was included in defendant's motion for new trial and, accordingly, none has been preserved for appellate review. Rule 29.11(d). In this court defendant requests ""plain error"" review. Rule 30.20.