STATE v. DAVIS

No. WD 52557.

965 S.W.2d 927 (1998)

STATE of Missouri, Respondent, v. Darthell DAVIS, Appellant.

Missouri Court of Appeals, Western District.

March 31, 1998.


Attorney(s) appearing for the Case

A. Renae Adamson, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Daniel G. Cierpiot, Asst. Atty. Gen., for respondent.

Before ULRICH, C.J., P.J., and HANNA and HOWARD, JJ.


ULRICH, Chief Judge, Presiding Judge.

Darthell Davis appeals his conviction for second degree murder, section 565.021, RSMo 1994, and sentence of thirty years imprisonment. Mr. Davis raises two issues on appeal. He contends the trial court erred in (1) failing to declare a mistrial sua sponte when the prosecution told the jury during closing argument that Mr. Davis had not corroborated his story; and (2) denying Mr. Davis's Rule 29.15 motion for post-conviction...

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