STATE v. ELLINGER

No. KCD 28661.

549 S.W.2d 136 (1977)

STATE of Missouri, Plaintiff-Respondent, v. James ELLINGER, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied April 15, 1977.

Application to Transfer Denied May 10, 1977.


Attorney(s) appearing for the Case

William G. Mays, II, Public Defender, Columbia, for defendant-appellant.

John C. Danforth, Atty. Gen., J. Michael Davis, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

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


DIXON, Judge.

Defendant appeals his conviction and a court-imposed sentence of three years upon his conviction as a second offender of the offense of exhibiting a deadly weapon in a rude, angry and threatening manner. Defendant attacks the sufficiency of the evidence, the closing argument of the prosecutor as being a comment on the defendant's failure to testify and as implying the defendant was a threat to each juror if they failed to find the defendant guilty.<...

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