State v. Flynn

MONTGOMERY, Judge.

An Oregon County jury convicted John Roland Flynn (Appellant) of cocaine possession, in violation of § 195.202. 1 He was sentenced to five years in prison and ordered to pay a $1,000 fine. He appeals, raising three points.

In his first point, he claims that the State improperly introduced and referred to evidence that he failed to volunteer an exculpatory statement following his arrest. Finding this point meritorious, we need not discuss the remaining points.

On December 28, 1991, Thayer Police Chief Gene Hatman and Officer George Maness were patrolling the City of Thayer.…