STATE v. CHOATE

No. 12617.

646 S.W.2d 886 (1983)

STATE of Missouri, Plaintiff-Respondent, v. Richard CHOATE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied January 27, 1983.

Application to Transfer Denied March 29, 1983.


Attorney(s) appearing for the Case

David H. Jones, Fielder, Jones, Conklin & Skinner, Springfield, for defendant-appellant.

John Ashcroft, Atty. Gen., John B. Jacobs, Jr., Kristie Green, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.


FLANIGAN, Judge.

A jury found defendant Choate guilty of kidnapping, § 565.110 RSMo 1978, and he was sentenced to ten years imprisonment. Defendant appeals.

Defendant contends that the trial court erred in denying his motion for mistrial based on a statement made by prosecutor Aiken in the presence of the jury at the close of defendant's evidence.

The victim of the offense was a woman. On May 4, 1981, at approximately 11 p.m., defendant and three...

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