State v. Rellihan

MANFORD, Judge.

This is a direct appeal from a jury conviction for attempted robbery, in violation of § 564.011, RSMo 1978. The judgment is reversed and the cause remanded.

Appellant presents four points, through which he charges that the trial court erred in (1) overruling his motion for acquittal because the evidence was insufficient to sustain the jury’s verdict, (2) admitting, in rebuttal, evidence which had been suppressed in the state’s case in chief, because the state had failed to lay a proper foundation for the introduction of such testimony as rebuttal evidence, (3) overruling his…