STATE v. McKINNEY

No. KCD 28883.

554 S.W.2d 488 (1977)

STATE of Missouri, Respondent, v. Billy McKINNEY, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied August 5, 1977.

Application to Transfer Denied September 12, 1977.


Attorney(s) appearing for the Case

Joe Hamilton Scott, Public Defender, St. Joseph, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent.

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


PRITCHARD, Chief Judge.

By a verdict of a jury appellant was convicted of the commission of the crime of burglary in the second degree. Upon a finding that appellant was a second offender, the court sentenced him to five years in the Department of Corrections.

Two points are presented. The first is that the trial court committed error in refusing to permit appellant to argue to the jury that it could draw an unfavorable inference from the state's failure to...

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