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STATE v. GRUBB

No. 49092.

705 S.W.2d 83 (1985)

STATE of Missouri, Plaintiff-Respondent, v. Glennon Mark GRUBB, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied January 28, 1986.

Application to Transfer Denied March 25, 1986.

Attorney(s) appearing for the Case

William J. Shaw, Public Defender, J. Andrew Walker, Sp. Asst. Public Defender, Clayton, for defendant-appellant.

William L. Webster, Atty. Gen., Christine Szaj, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

CARL R. GAERTNER, Presiding Judge.

Defendant appeals his conviction for burglary and stealing. His sole contention on appeal is that the trial court erred in refusing to grant a mistrial when the prosecutor elicited an answer by a police officer concerning defendant's post-arrest, post-Miranda warning silence. The trial incident involved the following exchange on direct examination of a deputy sheriff from Pike County.

Q. Okay. Now, was Mr. Grubb interrogated...

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