State v. Lumpkin
Missouri Court of Appeals
850 S.W.2d 388 (1993)
- Written by Eric Miller, JD
Facts
Herbert Robinson, an undercover police officer, purchased crack cocaine from a woman on the porch of a house, giving police cause to obtain a warrant to search the house. Robinson returned with several other officers to execute the search warrant. Michael Lumpkin (defendant) answered the door holding a gun. As Robinson made inquiries as to the whereabouts of the woman who had sold the crack, another man came to the door and struck Robinson. Lumpkin then shot Robinson through the shoulder and shut the door. Only then did Robinson draw his weapon. In the ensuing trial, Lumpkin admitted to the shooting, but asserted the affirmative defenses of self-defense and premises (also known as the defense of habitation). To justify the latter defense, Lumpkin stated that he believed Robinson was attempting to commit burglary. The court submitted an instruction on self-defense—but not an instruction on premises—to the jury. The jury determined that self-defense did not apply. Lumpkin was convicted of first-degree assault and armed criminal action. Lumpkin appealed, arguing that the court erred in failing to submit an instruction on the premises defense. The Missouri Court of Appeals granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Breckenridge, J.)
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