STATE v. BURNS

No. 54657.

808 S.W.2d 1 (1991)

STATE of Missouri, Plaintiff/Respondent, v. Dwayne Bernard BURNS, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied April 22, 1991.


Attorney(s) appearing for the Case

Michael A. Gross, Forriss D. Elliott, St. Louis, for defendant/appellant.

William L. Webster, Atty. Gen., Robert P. Sass, Asst. Atty. Gen., Jefferson City, for plaintiff/respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied April 22, 1991.

PER CURIAM.

Defendant appeals a life sentence. The case must be retried because the trial court erred when it misdirected the jury by an oral instruction given after the jury began deliberations. The instruction may have coerced a verdict. There is no basis to determine that it did not coerce a verdict.

The trial involved two charges. Count I, robbery first degree, "in that...

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