STATE v. COUTEE

Nos. 18366, 19088.

879 S.W.2d 762 (1994)

STATE of Missouri, Respondent, v. John Joseph COUTEE, Appellant. John Joseph COUTEE, Movant/Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

July 12, 1994.


Attorney(s) appearing for the Case

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Traci J. Sanders, Asst. Atty. Gen., Jefferson City, for respondent.


MONTGOMERY, Judge.

A jury convicted John Joseph Coutee (Defendant) of second degree murder and armed criminal action. He appeals, raising the following points: (1) the trial court should have sua sponte declared a mistrial when the prosecutor referred to Defendant as a racist; (2) the court should have excluded certain trial testimony, which Defendant claims was meant solely to portray him as a racist; and (3) the court should have declared a mistrial when...

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