State v. Jones

CLEMENS, Presiding Judge.

In 1975 defendant Gerald Jones was convicted of first degree robbery as an habitual criminal and sentenced to five years’ imprisonment. We reversed on appeal, holding the trial court had erred in permitting the state to introduce defendant’s incriminating statement contrary to a pretrial stipulation (State v. Jones, 539 S.W.2d 317 (Mo.App.1975)).

On retrial defendant was again found guilty and the jury set punishment at five years’ imprisonment. Judgment followed and defendant has appealed. The critical issue is whether that first-trial stipulation was binding on the…