State v. Hicks

TITUS, Judge.

Defendant was jury-convicted of first degree robbery (§ 560.120, V.A.M.S.) on a charge that he had feloniously taken money belonging to What-A-Burger, Incorporated, from the person of its employee, Bertha M. Maggard. The jury assessed punishment at seven years in prison; sentence and judgment were rendered accordingly. Prejudicial error committed in the presentation of the state’s case requires reversal and remand for a new trial.

Inter alia, and without objection, the state in its opening statement declared: “Now you will also hear, I expect, evidence of threats made upon…