STATE v. BARNES

No. 11266.

598 S.W.2d 179 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Clarence Mitchell BARNES, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Four.

April 16, 1980.


Attorney(s) appearing for the Case

Dwight Douglas, Douglas, Douglas & Johnson, Neosho, for defendant-appellant.

John Ashcroft, Atty. Gen., John M. Morris, III, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


FLANIGAN, Chief Judge.

"Barry Colvin will you stand up?" said the prosecutor at the outset of his final argument to the jury. A man sitting in the back row of the courtroom stood up. Defendant claims this incident deprived him of his right to a fair trial. The state, conceding the error, claims it was harmless. This court agrees with defendant.

In the trial of a lawsuit there is a time to introduce evidence and a time to make a final argument. They do not...

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