State v. Drake

TITUS, Judge.

A Newton County jury convicted Henry Drake of felonious stealing (§§ 560.156 and 560.161 RSMo 1969 V.A.M.S.) but failed to agree upon the punishment to be inflicted. Pursuant to Rule 27.03, V.A.M.R., the court assessed the punishment and sentenced Drake to four years’ imprisonment. Defendant has appealed.

I

Defendant’s first point relied on is his claim that the trial court “erred in allowing the assertion of the Prosecuting Attorney that Mr. Drake had been convicted of a crime when (1) there had been no conviction of a crime and when (2) such a prejudicial statement could not be…