STATE v. SPENCER

No. 38514.

561 S.W.2d 379 (1977)

STATE of Missouri, Respondent, v. Daniel SPENCER, Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing and/or Transfer Denied January 18, 1978.

Application to Transfer Denied March 13, 1978.


Attorney(s) appearing for the Case

Goldstein, Tessler, Brown & Geigerman, Michael S. Geigerman, Clayton, for appellant.

Paul Robert Otto, Chief Counsel, Crim. Div., Asst. Atty. Gen., Jefferson City, for respondent.


CLEMENS, Presiding Judge.

The only issue in this armed-robbery case concerns the state's rebuttal evidence of a prior inconsistent statement made by a defense witness to police.

Defendant does not challenge the sufficiency of the state's evidence. It was that defendant Daniel Spencer, acting with Augustus Tabor, robbed five employees of Busch's Grove Restaurant. Defendant did not testify, but his witness Tabor testified that he, not defendant, committed the...

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