State v. Van Smith

GUNN, Judge.

Defendant was convicted of two counts of rape, two counts of sodomy, one count of kidnapping and one count of assault. His appeal raises four points of alleged trial court error: (1) in failing to give MAI-CR 2d 2.10 and 2.12 — the “acting with others” instructions; (2) in allowing the kidnapping and rape charges to be submitted separately as a violation of the proscription against double jeopardy; (3) in failing to declare a *258mistrial for an alleged prosecutorial comment on defendant’s right not to testify; (4) in allowing certain alleged hearsay evidence.1 We affirm.

The state’s…