Missouri Court of Appeals, 2006

State v. Cox

Missouri Court of Appeals · Decided April 4, 2006 · WD 64942 · Smith, Howard, Newton

188 S.W.3d 126; 2006 Mo. App. LEXIS 408; 2006 WL 850694 (South Western Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Esters v. State (Mo. Ct. App. 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

PER CURIAM.

Mr. Timothy W. Cox appeals his convictions for second-degree assault, § 565.060, 1 and armed criminal action, § 571.015. On appeal, Mr. Cox claims that the circuit court erred in refusing self-defense instruction B, because it violated the right to due process, Rule 28.02, 2 and the Notes on Use to MAI-CR3d 306.06 3 since there was no substantial evidence that he was the initial aggressor.

For the reasons set forth in the memorandum provided to the parties, we affirm. Rule 30.25(b).

. All statutory references are to RSMo. (2000), unless otherwise indicated.

. Rule references are to the Missouri Rules of Criminal Procedure.

.MAI-CR3d references are to the Missouri Approved Instructions and Charges, Criminal (3d ed. 2001 Supp.).

Case-law data current through September 30, 2026. Source: CourtListener bulk data.