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STATE v. FANNING

No. 12620.

647 S.W.2d 177 (1983)

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

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing Overruled and to Transfer Denied February 22, 1983.

Application to Transfer Denied March 29, 1983.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., George Cox, Carrie D. Francke, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

William A. Moon, Richard W. Moon, Moon, Moon & Moon, Springfield, for defendant-appellant.

Motion for Rehearing Overruled and to Transfer to Supreme Court Denied February 22, 1983.

PREWITT, Judge.

By jury trial, appellant was convicted of burglary, attempted robbery, and three counts of assault. During the rebuttal portion of the state's closing argument the transcript shows that the following occurred:

[DAVID GEISLER, prosecuting attorney:] "Now, my personal opinion as to whether or not he's guilty, that doesn't mean a thing, because I...

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