State v. Johnson

EDWARD P. HODGE, Special Judge.

Defendant appeals from a conviction of second degree murder in violation of Section 565.004 RSMo.1978. The defendant was sentenced by the trial court to 75 years imprisonment, the jury being unable to agree on punishment.

*214On appeal, defendant’s brief attributes four errors to the trial court. First, defendant claims error in the trial courts refusal to grant a mistrial because of a statement made by the prosecuting attorney during closing argument. The statement to which defendant objects was as follows: “You can understand here what his function is when he joins…