STATE v. SMITH

No. WD 52411.

934 S.W.2d 318 (1996)

STATE of Missouri, Respondent, v. Kevin SMITH, Appellant.

Missouri Court of Appeals, Western District.

November 12, 1996.


Attorney(s) appearing for the Case

Rose M. Wibbenmeyer, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Cheryl A. Caponegro, Assistant Attorney General, Jefferson City, for respondent.

Before ELLIS, P.J., and LOWENSTEIN and LAURA DENVIR STITH, JJ.


LAURA DENVIR STITH, Judge.

Kevin Smith was charged with trafficking in the second degree. In response to a question by defense counsel, a police officer testified at trial that Mr. Smith had previously been arrested for possession of crack cocaine. The trial judge refused defense counsel's request for a mistrial, and defendant requested no other relief. Defendant appeals the jury's guilty verdict.

Because the comment about a prior arrest was made without any...

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