STATE v. JOHNSON

No. 39138.

561 S.W.2d 738 (1978)

STATE of Missouri, Respondent, v. Johnnie Lee JOHNSON, Appellant.

Missouri Court of Appeals, St. Louis District, Division 1.

January 31, 1978.


Attorney(s) appearing for the Case

Donald A. Fee, Cape Girardeau, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, Bradshaw Smith, Pros. Atty., Cape Girardeau, for respondent.


CLEMENS, Presiding Judge.

A jury found defendant Johnnie Lee Johnson guilty of feloniously striking a police officer (§ 557.215, RSMo.) and the court fixed punishment at three years' imprisonment. Defendant has appealed, contending the trial court committed plain error by denying his oral motion for a continuance. He further asserts plain error by the court allowing the state's closing argument that defendant had failed to produce a material witness.

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