STATE v. McCARTHY

No. KCD 29306.

567 S.W.2d 722 (1978)

STATE of Missouri, Plaintiff-Respondent, v. Michael McCARTHY, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

June 12, 1978.


Attorney(s) appearing for the Case

Donald L. Cain, Kansas City, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Jeffrey W. Schaeperkoetter, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


DIXON, Judge.

Defendant, originally charged with second degree murder, was convicted of manslaughter, and the jury imposed a ten-year sentence.

Defendant asserts three points of error. The first two points question the propriety of the State's eliciting the information that Cornelius Smith, who was separately charged, had pleaded guilty. Since this issue requires reversal, the third point relating to the prosecutor's argument need not be noticed.

The...

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