State v. Clark

CRANDALL, Presiding Judge.

Defendant, Sammy Clark, Jr., appeals his conviction, after a jury trial, of attempted second degree robbery. Defendant was sentenced, as a persistent offender, to imprisonment for 12 years. We affirm.

On appeal, defendant claims the trial court erred in overruling his motion for a mistrial when the prosecutor, during closing argument, commented on the failure of the defendant’s wife to testify in support of his alibi defense. Defendant argues that the prosecutor’s comments constituted a prejudicial violation of Section 546.270, RSMo (1986).

On October 22, 1985, David…