State v. Russ

CLEMENS, Presiding Judge.

Defendant has appealed his conviction for carrying a concealed weapon. (Section 564.610, RSMo.1969). He does not challenge the sufficiency of the evidence.

Defendant first contends the trial court erred in failing to declare a mistrial when the prosecutor remarked at the close of the state’s case, “as to the C.C.W. [carrying concealed weapon], the state rests.” Defendant contends this statement implied other criminal matters were pending against defendant. His objection to the statement was sustained and at his request the jury was instructed to disregard it and the…