Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

STATE OF MISSOURI, RESPONDENT, v. FERRELL KYLES, APPELLANT.

CRIST, Judge.

Burglary second degree.

The jury found defendant guilty. The court sentenced him to four years under the Second Offender Act.

Defendant complains about the court's comment to the jury, immediately after giving the MAI-CR 1.10 (hammer) instruction: "I will give this to the foreman. Would you retire and decide this case." He says this additionally instructed the jury, erroneously, as to the necessity of reaching a verdict in language not authorized by the pattern instruction. We disagree.

The jury deliberated for approximately four hours before the "hammer" was given. The instruction was read to, and given to, the jury. The court's additional comment was not coercive in nature and was not prejudicial to the defendant. State v. Raspberry, 452 S.W.2d 169 (Mo. 1970). The judgment is affirmed.

REINHARD, P. J., and GUNN, J., concur.

Use AI to get other relevant cases.

Comments

STATE v. KYLES
(Apr 3, 1979)