STATE v. TOMLIN

No. 10220.

542 S.W.2d 794 (1976)

STATE of Missouri, Respondent, v. Andrew TOMLIN, Jr., Appellant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or to Transfer Denied October 26, 1976.


Attorney(s) appearing for the Case

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

David G. Shy, Scott City, for appellant.

Before BILLINGS, C. J., and STONE and TITUS, JJ.


Motion for Rehearing or to Transfer to Supreme Court Denied October 26, 1976.

BILLINGS, Chief Judge.

Defendant Andrew Tomlin, Jr., was jury-tried and convicted of stealing a motorcycle [§§ 560.150 and 560.161, RSMo 1969] and sentenced to five years imprisonment. Plain error resulting in manifest injustice occurred when the state introduced and argued to the jury evidence of defendant's silence to accusations made by an alleged accomplice while both...

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