Order dated June 27, 2003, re: Revisions, additions and withdrawals to MACH-CR and MAI-CR 3d, including changes required by Senate Bill 5

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Official Court Seal

Supreme Court of Missouri
en banc

June 27, 2003
In re:  Revisions, additions and withdrawals
to MACH-CR and MAI-CR 3d

Effective June 27, 2003


TABLE OF INSTRUCTIONS


MAI-CR 3d 304.08 The Principal Offense: Modifications When Jury is Not to Assess
Punishment
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 304.40 Verdict Forms: Bifurcated Trial: When Punishment is Submitted
to the Jury After a Finding of Guilt
(Title - Revision)
(Instruction - New)
(Notes on Use - New)

MAI-CR 3d 304.44 Verdict Forms: Guilt Submitted to the Jury
(Title - Revision)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 304.48 Verdict Forms: When the "Underlying" Felony is Submitted as a Separate Offense of Armed Criminal Action
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 304.50 Verdict Forms: When the "Underlying" Felony is Submitted as a Separate Offense of Murder in the Second Degree: Felony
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 305.01 First Instruction: After a Finding of Guilt
(Instruction - New)
(Notes on Use - New)

MAI-CR 3d 305.02 After a Finding of Guilt: Explanation of Order of Proceedings When
Evidence will be Presented
(Instruction - New)
(Notes on Use - New)

MAI-CR 3d 305.03 After a Finding of Guilt: Verdict Mechanics
(Instruction - New)
(Notes on Use - New)

MAI-CR 3d 305.04 Argument of Counsel: After a Finding of Guilt
(Instruction - New)
(Notes on Use - New)

MAI-CR 3d 305.07 Verdict Possibilities: Inability of Jury to Agree Upon Punishment
(Instruction - New)
(Notes on Use - New)

MAI-CR 3d 312.02 Verdict Possibilities: Inability of Jury to Agree Upon Punishment
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 312.04 Verdict Forms:  Where MAI-CR 3d 312.02 is Given Because of Inability to Agree Upon the Punishment
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 313.50 Opening Instruction at the Second Stage of Trial: After a Finding of Not Guilty of Murder in the First Degree, But Guilty of Murder in the Second Degree, Voluntary Manslaughter or Involuntary Manslaughter
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 313.52 Second Instruction: After a Finding of Not Guilty of Murder in the First Degree, But Guilty of Murder in the Second Degree, Voluntary Manslaughter, or Involuntary Manslaughter
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 313.54 Argument of Counsel: After a Finding of Not Guilty of Murder in the First Degree, But Guilty of Murder in the Second Degree, Voluntary Manslaughter, or Involuntary Manslaughter
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 313.56 Verdict Forms: First Stage
(Instruction - Withdrawn)

MACH-CR 22.10 Endangering the Welfare of a Child in the First Degree
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 322.10 Endangering the Welfare of a Child in the First Degree
MACH-CR 24.02.1 Stealing: Without Consent
MAI-CR 3d 324.02.1 Stealing: Without Consent
MACH-CR 24.02.2 Stealing: By Deceit
MAI-CR 3d 324.02.2 Stealing: By Deceit
MACH-CR 24.02.3 Stealing: By Coercion
MAI-CR 3d 324.02.3 Stealing: By Coercion MACH-CR 24.10 Receiving Stolen Property
MAI-CR 3d 324.10 Receiving Stolen Property

ORDER

1. Revisions, additions and withdrawals to previously approved pattern criminal indictments and informations (MACH-CR) as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, are hereby adopted and approved.

2. Revisions, additions and withdrawals to previously approved criminal instructions and Notes on Use (MAI-CR 3d) as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, are hereby adopted and approved.

3. The revisions and additions as set forth in the specific exhibits attached hereto must be used and followed on and after June 27, 2003.  

4. It is further ordered that the above Table of Instructions and this Order, without the specific exhibits attached hereto, be published in the Journal of The Missouri Bar and the South Western Reporter.

Day - to - Day

________________________
Stephen N. Limbaugh, Jr.
Chief Justice
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