State v. Martin

HOWARD, Presiding Judge.

Thomas D. Martin was convicted of assault in the first degree, § 565.050.1, RSMo 1994, and armed criminal action, § 571.015.1, RSMo 1994. He now appeals, claiming that there was insufficient evidence to support the convictions, and that the trial court erred by refusing to submit to the jury his proposed instruction on assault in the third degree, by failing to sua sponte declare a mistrial after the prosecutor made allegedly improper remarks during closing argument, and by allowing his statements to police into evidence.

The State’s main witness was the victim of the…