Turley v. State

I concur in the majority opinion, which adequately covers the matters raised by movant in his brief. In view, however, of the attack leveled ex gratia by the dissent against McCrary v. State, 529 S.W.2d 467 (Mo.App.1975) and Gamache v. State, 548 S.W.2d 594 (Mo.App.1977), I believe some expression of my personal reasons for believing those opinions to be sound is warranted.

I start from the basic belief that any sound judicial system must function with rules of procedure and rules of evidence. If these rules are followed, the trial of litigated matters should result in presenting to a jury the…