State v. Jenkins

I respectfully dissent with respect to the holding of the majority on Point 5 of defendant’s allegations of trial error.

*529The reason I dissent is that it is my opinion that while this Court is constitutionally bound to follow the holding of the Supreme Court of the State of Missouri in State v. Hutchinson, 458 S.W.2d 553 (Mo. banc 1970) and State v. Pruitt, 479 S.W.2d 785 (Mo. banc 1972) that there can be no constitutional, statutory nor rule violation unless there is a direct and certain reference to the failure of the accused to testify by Article 5, Sec. 2 of the Constitution of Missouri,…