State v. Gerhard

SHRUM, Judge.

A jury found the defendant, Jimmy D. Jordan, guilty of the class A felony of forcible rape, § 566.030.1, RSMo 1986, and assessed punishment of 12 years’ imprisonment. He appeals; we affirm.

ISSUES ON APPEAL

The defendant raises two issues on appeal: (1) Whether the trial court committed plain error in failing to declare a mistrial sua sponte following alleged improper closing argument by the prosecutor, and (2) whether a jury instruction defining “proof beyond a reasonable doubt” allowed the jury to convict the defendant on a degree of proof below that required by due process.

FACTS

O…