STATE v. ELLIOTT

No. 14903.

735 S.W.2d 173 (1987)

STATE of Missouri, Respondent, v. Larry Gene ELLIOTT, Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer to Denied August 10, 1987.

Application to Transfer Denied September 15, 1987.


Attorney(s) appearing for the Case

Janet M. Thompson, Columbia, for appellant.

William L. Webster, Atty. Gen., Colly Frissell-Durley, Asst. Atty. Gen., Jefferson City, for respondent.


Motion for Rehearing or Transfer to Supreme Court Denied August 10, 1987.

LAWRENCE O. DAVIS, Special Judge.

Appellant was found guilty by a jury of second degree assault and sentenced as a persistent offender to eight years in the custody of the Missouri Department of Corrections and Human Resources. By the sole point on appeal the trial court is charged with error for not, sua sponte, declaring a mistrial when on two separate occasions during examination...

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