State v. Delgado

GREENE, Judge.

Carlos Delgado was jury-convicted of second degree assault, a class C felony, § 565.060 RSMo 1986, for which crime he received a 90-day jail sentence and a $1 fine. The assault charge was filed after Delgado, following an argument with Jeffrey Gamble, struck Gamble in the head with a metal jack handle.

Delgado appeals his conviction, alleging the trial court erred in (1) refusing to declare a mistrial after the arresting officer testified that when he went to Delgado’s apartment and tried to talk to him about the incident, Delgado refused to discuss it, and (2) in refusing his…