STATE v. VINEYARD

No. 38731.

574 S.W.2d 946 (1978)

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

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

December 5, 1978.


Attorney(s) appearing for the Case

William J. Shaw, Public Defender, Daniel L. McCleave, Asst. Public Defender, Clayton, for defendant-appellant.

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


REINHARD, Presiding Judge.

Defendant was convicted by a jury for the unlawful possession of a controlled substance, Schedule III, Phencyclidine. He was sentenced by the court to four years in the penitentiary under the Second Offender Act. On appeal, defendant's sole point is that the trial court erred in refusing to grant a mistrial because of alleged improper remarks of the prosecuting attorney during the rebuttal portion of closing argument.

At trial, defendant...

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