STATE v. McNEAL

No. 35535.

517 S.W.2d 187 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Michael Eugene McNEAL, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Three.

December 10, 1974.


Attorney(s) appearing for the Case

David M. Adams, Asst. Public Defender, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Donald R. Bird, Asst. Attys. Gen., Jefferson City, and Brendan Ryan, Circuit Atty., Henry J. Fredericks, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


GUNN, Judge.

Defendant appeals his conviction of robbery in the first degree by means of a dangerous and deadly weapon. Defendant does not challenge the sufficiency of the evidence and raises only a single point on appeal concerning the prosecutor's comment on the defendant's failure to testify. The single point is enough, and we reverse and remand.

At defendant's request the trial court gave the following instruction to the jury:

"You are further...

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