State v. McKinley

REINHARD, Chief Judge.

Defendant appeals after a jury conviction of robbery in the first degree and a court-imposed sentence as a prior offender to seventeen years in the Missouri Department of Corrections. His sole point on appeal is:

The trial court committed plain error in not ordering a mistrial upon its own motion in that the prosecutor’s comment, “The defendant has the presumption of innocence. That’s not evidence like a witness who took the stand in this case and cross-examined and whose credibility and demeanor were tested in front of you. It’s not proof of anything, just as defendant’s…