STATE v. KYLES

No. 40123.

579 S.W.2d 854 (1979)

STATE of Missouri, Respondent, v. Ferrell KYLES, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

April 3, 1979.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Blair K. Drazic, Asst. Public Defender, St. Louis, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Steven D. Steinhilber, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.


CRIST, Judge.

Burglary second degree.

The jury found defendant guilty. The court sentenced him to four years under the Second Offender Act.

Defendant complains about the court's comment to the jury, immediately after giving the MAI-CR 1.10 (hammer) instruction: "I will give this to the foreman. Would you retire and decide this case." He says this additionally instructed the jury, erroneously, as to the necessity of reaching a verdict in language not...

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