State v. Montgomery

GUNN, Judge.

Defendant was convicted of second degree burglary and stealing. His appeal raises two alleged trial errors: (1) failure to declare a mistrial after a police officer testified that a witness to the crime had been “able to pick someone out” of a group of photos, purportedly in violation of the edict in State v. Degraffenreid, 477 S.W.2d 57 (Mo. banc 1972); (2) giving MAI-CR 1.10— the “Hammer” Instruction. We find no error and affirm.

Mrs. Anne Volanzina and her son Tony were driving with some friends on Topping Road near Manchester Road in DesPeres. As they passed the W.A. Hedrich…