State v. Hornbeck

CRANDALL, Judge."

Defendant, Ivan Doyle Hombeck, appeals from his conviction, after a jury trial, for tampering with a witness. § 575.270 RSMo (Supp.1984). He was sentenced as a prior and persistent offender to five years’ imprisonment.

Defendant claims on appeal the court erred (1) in admitting statements he made to police during a custodial interrogation after indicating his desire to remain silent, and (2) in overruling defense counsel’s objection to a remark by the prosecutor during closing argument. We reverse and remand.

Because defendant does not challenge the sufficiency of the evidence,…