STATE v. ROTH

No. KCD 28797.

549 S.W.2d 652 (1977)

STATE of Missouri, Respondent, v. William S. ROTH, Appellant.

Missouri Court of Appeals, Kansas City District.

April 4, 1977.


Attorney(s) appearing for the Case

Thomas M. Larson, Public Defender, Lee M. Nation, Asst. Public Defender, Kansas City, for appellant.

John Ashcroft, Atty. Gen., W. Mitchell Elliott, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P. J., and WELBORN and HIGGINS, Special Judges.


SHANGLER, Presiding Judge.

The defendant was convicted of murder in the second degree and sentenced to a term of eighteen years according to the verdict of the jury. On this appeal the defendant contends that the comment of the prosecutor in closing argument that the self-defense story asserted at the trial was not told to the police at the time of arrest violated his privilege against self-incrimination. We agree and reverse and remand.

The evidence shows...

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