STATE v. COSBY

No. 49985.

719 S.W.2d 478 (1986)

STATE of Missouri, Plaintiff-Respondent, v. Mark COSBY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied November 18, 1986.


Attorney(s) appearing for the Case

William J. Shae, Clayton, for defendant-appellant.

John Munson Morris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


SMITH, Judge.

Defendant was convicted by a jury of tampering in the first degree, a Class C felony and sentenced by the court to three years imprisonment.

His only point on appeal is that the trial court erred in not declaring a mistrial after it had proceeded on the second day of trial in defendant's absence. On the first day of trial, scheduled to begin in the morning, defendant, who was on bond, did not appear until 2:00 p.m. On the second day, trial was...

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