State v. Clayburne

CRIST, Judge.

Defendant incurred a jury conviction for the offense of carrying a concealed weapon, *283in violation of § 564.610 RSMo.1969. The trial court imposed a five year sentence pursuant to the Second Offender Act.

On appeal, defendant contends the prosecution went astray in its cross-examination of defendant on a collateral offense for which there was no conviction. We agree and, necessarily, reverse.

When defendant chose to testify, he placed his credibility in issue. However, the prosecution exceeded the bounds of proper cross-examination by intimating the existence of certain facts which…