State v. Kimmell

DIXON, Judge,

dissenting.

While I agree with the majority’s disposition of the issue of whether the defense witness should have been allowed to testify, I feel constrained to dissent on the issue of claimed instructional error. For the reasons stated in my dissents in State v. Singer, 719 S.W.2d 818 (Mo.App.1986), and State v. Brooks, 721 S.W.2d 8 (Mo.App.1986), I respectfully dissent from the majority opinion on that issue.