State v. Mabry

CLARK, Presiding Judge.

This appeal followed a jury verdict convicting Mabry of assault with intent to kill with malice aforethought, an offense defined at the time of commission by § 559.180, RSMo 1969. Punishment was assessed by the jury at a term of fifteen years.

On this appeal, Mabry contends that the trial court erred in failing to declare a mistrial (1) when the prosecuting attorney allegedly commented outside the record during closing argument, and (2) when it was learned that the instructions had not been redelivered to the jury room during continued deliberations by the jury following…