STATE v. O'BRIEN

No. 42822.

245 S.W.2d 857 (1952)

STATE v. O'BRIEN.

Supreme Court of Missouri, Division No. 2.

February 11, 1952.


Attorney(s) appearing for the Case

Gerald L. Seegers, St. Louis, for appellant.

J. E. Taylor, Atty. Gen., Grover C. Huston, Asst. Atty. Gen., for respondent.


TIPTON, Judge.

In the circuit court of the city of St. Louis the appellant was convicted of burglary in the second degree and his punishment was assessed at four years' imprisonment in the state penitentiary.

The only assignment of error in appellant's brief is that the trial court erred in permitting the assistant circuit attorney to state in his argument to the jury that the appellant did not testify in the case.

The state contends that this assignment...

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