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STATE v. MONTGOMERY

No. 39828.

577 S.W.2d 181 (1979)

STATE of Missouri, Respondent, v. Samuel MONTGOMERY, Appellant.

Missouri Court of Appeals, Eastern District, Division 3.

January 30, 1979.

Attorney(s) appearing for the Case

Patrick M. Sanders, Asst. Public Defender, Twenty-First Judicial Circuit, Clayton, for appellant.

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

GUNN, Judge.

Defendant was convicted of second degree burglary and stealing. His appeal raises two alleged trial errors: (1) failure to declare a mistrial after a police officer testified that a witness to the crime had been "able to pick someone out" of a group of photos, purportedly in violation of the edict in State v. Degraffenreid, 477 S.W.2d 57 (Mo. banc 1972); (2) giving MAI-CR 1.10— the "Hammer" Instruction...

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