State v. Morgan

HOUSER, Commissioner.

This is an appeal from a judgment of conviction of second degree burglary and felonious stealing, § 560.110, RSMo 1959, V.A.M.S., in which concurrent sentences of five years for burglary and two years for stealing were imposed.

Appellant’s only point is that the court erred in failing to sustain his motion for a mistrial because of the repeated references by the prosecuting attorney in his closing argument to appellant’s failure to adduce testimony in his own behalf. Section 546.-270, RSMo 1959, and Criminal Rule 26.08, V.A.M.R. provide that if the accused shall not avail…