STATE v. MASONER

No. KCD 27406.

525 S.W.2d 441 (1975)

STATE of Missouri, Respondent, v. Phillip V. MASONER, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied July 7, 1975.


Attorney(s) appearing for the Case

Willard B. Bunch, Public Defender, Sixteenth Judicial Circuit, Mark D. Johnson, Asst. Public Defender, Kansas City, for appellant.

John C. Danforth, Atty. Gen., K. Preston Dean, II, Asst. Atty. Gen., Jefferson City, for respondent.

Before SOMERVILLE, P. J., PRITCARD, C. J., and TURNAGE, J.


PRITCHARD, Chief Judge.

By the verdict of a jury appellant was found guilty of burglary in the second degree and stealing in connection therewith. The jury assessed punishment at two years imprisonment for each offense, and the trial court entered the sentences to be served consecutively.

The sole point made by appellant that the court erred in failing to declare a mistrial after the state in closing argument, remarked: "In this case there has been no explanation...

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