[926] PREWITT, Judge.
Following jury trial, Appellant was convicted of murder in the second degree and sentenced to life in prison. He appeals from that conviction. Thereafter Appellant filed a Rule 29.15 motion seeking to vacate the conviction. Following an evidentiary hearing, the motion was denied. Appellant also appeals from that denial. The appeals were consolidated here, pursuant to Rule 29.15(i).
Appellant presents two points relied on. The first point claims error in the criminal trial and the second point claims error in denying his Rule 29.15 motion. For his first point, Appellant contends that the trial judge erred in excluding evidence of his intoxication on the evening that the victim was killed, “in that evidence of [Appellant’s] intoxication was offered to explain his conduct on the night [the victim] was fatally injured, and not his state of mind or whether he acted knowingly.” Appellant contended that the death was an accident.
Appellant and James Booe had been coworkers and occasionally drank together. On the night in question Appellant was experiencing car trouble and, after purchasing some beer, went to Booe’s house to work on his car. Neither his wife nor his mother would allow him to drink where they lived.
Appellant intended to use Booe’s equipment to repair his car. Booe was not there when Appellant arrived, but came home later. On two occasions Appellant left to buy liquor or soda to mix with the vodka that he and Booe were drinking. They had also consumed some beer.
At some point during the evening a neighbor was asked to assist in jump-starting the car. The neighbor testified at the trial that Booe was intoxicated. Appellant’s counsel intended to elicit the neighbor’s testimony establishing that Appellant was also intoxicated but did not because of the trial court’s ruling excluding evidence of Appellant’s intoxication.
Appellant testified that later that evening he and Booe were drinking and watching television inside Booe’s house. Booe brought up the subject of sex and mentioned that since Appellant was married he did not have to worry about finding someone with whom to have sexual intercourse. Booe indicated he would like to have sex with Appellant. He took his penis out of his pants and came toward Appellant. A scuffle ensued and Appellant picked up a knife he had previously used while repairing his car, and kicked Booe, who fell. Appellant said that Booe fell upon the knife, suffered a knife wound in his neck and died quickly.
Approximately three hours later Appellant called the police and eventually gave a statement in which he said he had “poked” Booe with a knife. A knife with a portion of its blade broken was found approximately a block away from Booe’s house. The missing portion of the blade was eventually discovered in Booe’s dog, which had been howling on the night in question. In both his statement to police and at trial Appellant claimed he did not know how the blade became lodged in the dog.
Appellant wanted evidence of his intoxication admitted to explain his conduct both before and after the victim’s death. He sought to show that the reason he did not leave when sexual advances were first made was because he was not thinking clearly due to intoxication. Additionally, Appellant wanted evidence of his intoxication admitted to explain why he delayed in calling an ambulance or police, why he did not attempt to or was unable to prevent Booe from falling on the knife, and why he could not explain the knife wound to the dog. He also claims his intoxication was relevant to explain the language used in some of the statements he made to the police. The prosecutor argued to the jury that Appellant’s conduct immediately after the incident showed that he had a consciousness of guilt and, in effect, he was trying to avoid the charge.
Late in the afternoon of the first day of trial the State rested and the defense then sought to call its first witness, the neighbor who aided Appellant and the victim in jump-starting Appellant’s car. Appellant wanted to have the witness testify as to his and the victim’s intoxication. The prosecuting attorney stated that he had an “objection” to this witness that he wished to make. Relying on State v. Erwin, 848 S.W.2d 476 (Mo. banc), [927] cert. denied, 510 U.S. 826, 114 S.Ct. 88, 126 L.Ed.2d 56 (1993), decided shortly before the criminal trial, the prosecutor urged the trial court to exclude any evidence of Appellant’s intoxication.
The trial court, after hearing initial comments by counsel regarding Erwin’s effect, agreed to take the matter up the following morning before the testimony of Appellant’s first witness.
The following morning, the prosecutor made what he referred to as a “motion in limine.” After further discussion the trial court stated it would sustain “the State’s motion in limine to limit any testimony about the state of intoxication on the part of the defendant.” Appellant’s counsel then made an offer of proof which was refused. The State argues that the court’s ruling was on a motion in limine, which is interlocutory only and not subject to appellate review. See State v. Wald, 861 S.W.2d 791, 794 (Mo.App.1993).1
The State contends that to preserve the issue Appellant should have offered the evidence. The State objected and later made its “motion in limine” after Appellant announced he wished to call the witness. The trial court made its ruling just before the witness testified. His testimony was very short. Nothing occurred after the ruling to indicate a basis for the court to change the ruling. See 22 William A. Schroeder, Missouri Practice, Missouri Evidence § 103.4 (1992) (explaining that in limine rulings are interlocutory because trial court may wish to reconsider at the time evidence is actually offered). See also Pollock v. Searcy, 816 S.W.2d 276, 277 (Mo.App.1991) (holding voir dire issue properly preserved where issue was raised just before voir dire commenced and there was nothing to indicate the trial court might or would have changed its ruling).
The trial court might have been offended had Appellant attempted to elicit testimony contrary to the ruling thereafter in front of the jury. That could have been construed as an attempt to circumvent the court’s determination. Appellant did all he could reasonably have been expected to do to preserve the point and it will be considered on the merits.
Erwin carefully considers the history of evidence of voluntary intoxication in Missouri, and concludes that such evidence is admissible in “rare situations.” 848 S.W.2d at 482. Evidence of intoxication is not admissible to show that a defendant did not have the necessary mental state due to intoxication. Id. However, if evidence of voluntary intoxication is relevant on other issues it may be admitted. State v. Gary, 913 S.W.2d 822, 827 (Mo.App.1995).2
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[926] PREWITT, Judge.
Following jury trial, Appellant was convicted of murder in the second degree and sentenced to life in prison. He appeals from that conviction. Thereafter Appellant filed a Rule 29.15 motion seeking to vacate the conviction. Following an evidentiary hearing, the motion was denied. Appellant also appeals from that denial. The appeals were consolidated here, pursuant to Rule 29.15(i).
Appellant presents two points relied on. The first point claims error in the criminal trial and the second point claims error in denying his Rule 29.15 motion. For his first point, Appellant contends that the trial judge erred in excluding evidence of his intoxication on the evening that the victim was killed, “in that evidence of [Appellant’s] intoxication was offered to explain his conduct on the night [the victim] was fatally injured, and not his state of mind or whether he acted knowingly.” Appellant contended that the death was an accident.
Appellant and James Booe had been coworkers and occasionally drank together. On the night in question Appellant was experiencing car trouble and, after purchasing some beer, went to Booe’s house to work on his car. Neither his wife nor his mother would allow him to drink where they lived.
Appellant intended to use Booe’s equipment to repair his car. Booe was not there when Appellant arrived, but came home later. On two occasions Appellant left to buy liquor or soda to mix with the vodka that he and Booe were drinking. They had also consumed some beer.
At some point during the evening a neighbor was asked to assist in jump-starting the car. The neighbor testified at the trial that Booe was intoxicated. Appellant’s counsel intended to elicit the neighbor’s testimony establishing that Appellant was also intoxicated but did not because of the trial court’s ruling excluding evidence of Appellant’s intoxication.
Appellant testified that later that evening he and Booe were drinking and watching television inside Booe’s house. Booe brought up the subject of sex and mentioned that since Appellant was married he did not have to worry about finding someone with whom to have sexual intercourse. Booe indicated he would like to have sex with Appellant. He took his penis out of his pants and came toward Appellant. A scuffle ensued and Appellant picked up a knife he had previously used while repairing his car, and kicked Booe, who fell. Appellant said that Booe fell upon the knife, suffered a knife wound in his neck and died quickly.
Approximately three hours later Appellant called the police and eventually gave a statement in which he said he had “poked” Booe with a knife. A knife with a portion of its blade broken was found approximately a block away from Booe’s house. The missing portion of the blade was eventually discovered in Booe’s dog, which had been howling on the night in question. In both his statement to police and at trial Appellant claimed he did not know how the blade became lodged in the dog.
Appellant wanted evidence of his intoxication admitted to explain his conduct both before and after the victim’s death. He sought to show that the reason he did not leave when sexual advances were first made was because he was not thinking clearly due to intoxication. Additionally, Appellant wanted evidence of his intoxication admitted to explain why he delayed in calling an ambulance or police, why he did not attempt to or was unable to prevent Booe from falling on the knife, and why he could not explain the knife wound to the dog. He also claims his intoxication was relevant to explain the language used in some of the statements he made to the police. The prosecutor argued to the jury that Appellant’s conduct immediately after the incident showed that he had a consciousness of guilt and, in effect, he was trying to avoid the charge.
Late in the afternoon of the first day of trial the State rested and the defense then sought to call its first witness, the neighbor who aided Appellant and the victim in jump-starting Appellant’s car. Appellant wanted to have the witness testify as to his and the victim’s intoxication. The prosecuting attorney stated that he had an “objection” to this witness that he wished to make. Relying on State v. Erwin, 848 S.W.2d 476 (Mo. banc), [927] cert. denied, 510 U.S. 826, 114 S.Ct. 88, 126 L.Ed.2d 56 (1993), decided shortly before the criminal trial, the prosecutor urged the trial court to exclude any evidence of Appellant’s intoxication.
The trial court, after hearing initial comments by counsel regarding Erwin’s effect, agreed to take the matter up the following morning before the testimony of Appellant’s first witness.
The following morning, the prosecutor made what he referred to as a “motion in limine.” After further discussion the trial court stated it would sustain “the State’s motion in limine to limit any testimony about the state of intoxication on the part of the defendant.” Appellant’s counsel then made an offer of proof which was refused. The State argues that the court’s ruling was on a motion in limine, which is interlocutory only and not subject to appellate review. See State v. Wald, 861 S.W.2d 791, 794 (Mo.App.1993).1
The State contends that to preserve the issue Appellant should have offered the evidence. The State objected and later made its “motion in limine” after Appellant announced he wished to call the witness. The trial court made its ruling just before the witness testified. His testimony was very short. Nothing occurred after the ruling to indicate a basis for the court to change the ruling. See 22 William A. Schroeder, Missouri Practice, Missouri Evidence § 103.4 (1992) (explaining that in limine rulings are interlocutory because trial court may wish to reconsider at the time evidence is actually offered). See also Pollock v. Searcy, 816 S.W.2d 276, 277 (Mo.App.1991) (holding voir dire issue properly preserved where issue was raised just before voir dire commenced and there was nothing to indicate the trial court might or would have changed its ruling).
The trial court might have been offended had Appellant attempted to elicit testimony contrary to the ruling thereafter in front of the jury. That could have been construed as an attempt to circumvent the court’s determination. Appellant did all he could reasonably have been expected to do to preserve the point and it will be considered on the merits.
Erwin carefully considers the history of evidence of voluntary intoxication in Missouri, and concludes that such evidence is admissible in “rare situations.” 848 S.W.2d at 482. Evidence of intoxication is not admissible to show that a defendant did not have the necessary mental state due to intoxication. Id. However, if evidence of voluntary intoxication is relevant on other issues it may be admitted. State v. Gary, 913 S.W.2d 822, 827 (Mo.App.1995).2
Here the State used the circumstances of the evening in its attempt to establish Appellant’s mental state at the time of the alleged offense. The State argued Appellant’s failure to call the police or an ambulance contradicted Appellant’s account of the incident as an accident. The State similarly questioned Appellant’s failure to leave when the victim began making sexual advances toward him.
Appellant wanted to rebut the inferences the State sought to draw from his conduct after the victim’s death by showing that it was not caused by a culpable mental state or consciousness of guilt, but, at least in part, by intoxication. Appellant wished to explain why he did not leave after the victim suggested they have sex by testifying that he was not thinking clearly because of his intoxication.
Evidence of Appellant’s intoxication also related to the issue of Appellant’s credibility. Appellant wanted, but was not allowed, to explain that partly due to his intoxication he made statements to the police that he would [928] not have made otherwise and could not recall certain things that had occurred, such as how the knife blade came to be in the dog.
In closing argument, the State argued that Appellant’s inability to explain certain circumstances and statements resulted from his lack of truthfulness. The State asserted that certain things Appellant testified to were “just unbelievable” and that Appellant “lied.”
As a general rule, evidence explaining evidence previously introduced or showing that the inference arising or sought to be drawn therefrom is not warranted, is admissible. State v. Ford, 639 S.W.2d 573, 576 (Mo.1982). This rule is especially applicable where accused seeks to explain incriminating evidence introduced by the State. Id. See 2 John HenRY Wigmore, Evidence § 276(4)(e)(1979) (A party may rebut adverse inferences from his conduct by evidence indicating it to be consistent with reasons other than consciousness of guilt); 31A C.J.S. Evidence § 163 (1964) (“Facts may be admissible ... which diminish the force of unfavorable facts shown by the opposing party”).
Courts have acknowledged a defendant’s right to explain certain actions, such as: failing to call the police, State v. Martin, 755 S.W.2d 337, 340 (Mo.App.1988) (defendant did not think victim was seriously injured); fleeing from the scene, State v. Morris, 585 S.W.2d 231, 234 (Mo.App.1979) (defendant was scared probation would be revoked); resisting arrest, State v. Campbell, 533 S.W.2d 671, 676-677 (Mo.App.1976) (police had informed defendant he would not be arrested, causing defendant to be surprised and fearful when police attempted to arrest him); escaping from jail, State v. Medley, 588 S.W.2d 55, 59 (Mo.App.1979); and signing a false name to a hotel register, State v. Hamilton, 310 S.W.2d 906, 907 (Mo.1958).
\ve conclude that evidence of Appellant’s intoxication was relevant, not as showing a lack of mental state but to explain his conduct. It is not relevant for, and was not used in establishing his mental state, but to rebut inferences regarding that mental state. Evidence of Appellant’s intoxication does, in that respect, relate to his mental state, not to show a lack of the necessary mental state, but to attempt to explain conduct that might otherwise be significant regarding his mental state. We also conclude that in order to evaluate the credibility of the Appellant, the jury should have been allowed to be fully informed as to the circumstances of the evening and Appellant’s condition.
Evidence of Appellant’s intoxication should have been allowed for the limited purposes sought and discussed above. As it was not allowed, and the State was able to argue inferences from Appellant’s conduct that may have been rebutted, the exclusion may have prejudiced Appellant. Campbell, 533 S.W.2d at 676-677; Hamilton, 310 S.W.2d at 908. Because of the exclusion, Appellant is entitled to a new trial in his appeal from the conviction. The granting of a new trial makes Appellant’s appeal from the denial of his Rule 29.15 motion moot.
The judgment appealed from in No. 18754 is reversed and the cause remanded for a new trial. Appeal No. 20395 is dismissed as moot.
BARNEY, P.J., concurring.
GARRISON, J., dissenting.