State v. Barnes

FLANIGAN, Chief Judge.

“Barry Colvin will you stand up?” said the prosecutor at the outset of his final argument to the jury. A man sitting in the back row of the courtroom stood up. Defendant claims this incident deprived him of his right to a fair trial. The state, conceding the error, claims it was harmless. This court agrees with defendant.

In the trial of a lawsuit there is a time to introduce evidence and a time to make a final argument. They do not coincide.

The jury found defendant guilty of forgery, (§ 561.011 RSMo 1969), and he was sentenced to five years’ imprisonment. Defendant…