STATE v. DUKE

No. 36866.

534 S.W.2d 830 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Robert Tyrone DUKE, Defendant-Appellant.

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

March 9, 1976.


Attorney(s) appearing for the Case

James C. Jones, Joseph W. Warzycki, Asst. Public Defenders, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Thomas J. Kavanaugh, Jr., Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


WEIER, Presiding Judge.

By a jury verdict, defendant Robert Tyrone Duke was found guilty of assault with intent to maim with malice. § 559.180, RSMo. 1969. He was sentenced to twenty years in custody in the Department of Corrections.

Defendant advances two points on appeal. First, he asserts that the trial court erred in permitting the prosecutor to inquire as to the defendant's right to remain silent and thereby comment on the defendant's failure to...

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