State v. Scrivner

TURNAGE, Chief Judge.

David L. Scrivner was indicted on a charge of second degree murder, § 565.-004, RSMo 1978, 1 and found guilty by a jury of manslaughter. The jury assessed punishment at 10 years and the court thereafter imposed such punishment.

Scrivner contends the court erred in failing to grant a mistrial because: (1) a police officer testified that he found a gun on Scrivner’s nightstand when Scrivner was arrested; (2) an alternate juror went to the jury room with the jury for about five minutes; and (3) the prosecutor’s final argument was prejudicial. Affirmed.

Scrivner does not…