STATE v. ALLEN

No. 41933.

235 S.W.2d 294 (1950)

STATE v. ALLEN.

Supreme Court of Missouri, Division 1.

Rehearing Denied January 8, 1951.


Attorney(s) appearing for the Case

Morris A. Shenker, St. Louis, for appellant.

J. E. Taylor, Atty. Gen., Lawrence L. Bradley, Asst. Atty. Gen., for respondent.


HOLLINGSWORTH, Judge.

Defendant-appellant (hereinafter referred to as defendant) appealed from a conviction of murder in the second degree for the killing of Juanita Smith. He stood on a demurrer to the evidence.

The principal grounds of his appeal are: (1) admission of testimony by police officers that defendant had remained silent when questioned following his arrest, and the circuit attorney's comments upon this fact, both in his opening statement and in...

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