STATE v. JONES

No. 10502.

553 S.W.2d 328 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Wesley Dale JONES, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

June 21, 1977.


Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Paul R. Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Paul Crider, Jr., Public Defender, Timothy H. Battern, Asst. Public Defender, Rolla, for defendant-appellant.

Before BILLINGS, C. J., and STONE and TITUS, JJ.


BILLINGS, Chief Judge.

Defendant Wesley Dale Jones was convicted of forcible sodomy and sentenced as a habitual criminal to 28 years imprisonment. At the close of the state's evidence he requested a mistrial because of a report that members of the jury panel had observed him shackled and escorted by two officers en route to the courtroom the morning of the trial. The request was denied as was his motion for new trial which alleged the same matter. We affirm.

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