STATE v. JONES

No. 36117.

539 S.W.2d 317 (1975)

STATE of Missouri, Respondent, v. Gerald JONES, Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

Opinion Modified March 25, 1975.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Nels C. Moss, Asst. Circuit Atty., St. Louis, for respondent.

Charles D. Kitchin, Public Defender, Michael C. Horn, James C. Jones, Asst. Public Defenders, St. Louis, for appellant.


Opinion Modified on Court's Own Motion, March 25, 1975.

CLEMENS, Presiding Judge.

Defendant Gerald Jones was tried and convicted of first-degree robbery and sentenced to five years' imprisonment. On appeal, he contends the trial court erred in permitting the State to use certain testimony contrary to a pre-trial stipulation. We agree and reverse.

Before trial, the State stipulated that unless Jones testified to the contrary, the State would not use...

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