STATE v. GIBSON

No. KCD 27870.

538 S.W.2d 956 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Vert Roscoe GIBSON, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

July 6, 1976.


Attorney(s) appearing for the Case

Robert L. Wehrman, Shapiro, Polsinelli, Schulte, Wehrman & Welte, Kansas City, for defendant-appellant.

John C. Danforth, Atty. Gen., Nanette Laughrey, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before DIXON, P. J., PRITCHARD, C. J., and WASSERSTROM, J.


DIXON, Presiding Judge.

Defendant, Vert Roscoe Gibson, was charged with having committed perjury in violation of Section 557.010 RSMo 1969. Gibson was tried before a jury, found guilty, and sentenced to seven years. On this appeal, defendant contends that the State failed to make a submissible case under the quantitative evidence rule applicable in prosecutions for perjury.

The perjury charge arises out of a conflict between the defendant's testimony at the...

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