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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Missouri Court of Appeals; 760 S.W.2d 162. Datos: https://static.case.law/sw2d/760/cases/0162-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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State v. Cheek, 760 S.W.2d 162 (Missouri Court of Appeals, 1988) HOGAN, Judge. By seven-count information filed in the Circuit Court of Greene County, defendant Randal Lee Cheek was charged with two counts of first-degree robbery in violation of § 569.020, RSMo 1986; two counts of kidnapping in violation of § 565.110; two counts of armed criminal action in violation of § 571.015.1, and one count of first-degree assault in violation of § 565.050. Defendant’s punishment was assessed at imprisonment for a term of 25 years on each count of first-degree robbery; 15 years on each count of kidnapping; 25 years on each count of armed criminal action and 25 years on the count charging first-degree assault. It was ordered that the sentences be served concurrently. The defendant appeals, contending that: 1) the trial court erred in denying defendant’s request for a mistrial made during the State’s closing argument because the Prosecuting Attorney commented indirectly on the defendant’s failure to testify; 2) the trial court erroneously received evidence of the defendant’s possession of a handgun, and 3) the trial court erroneously gave and read MAI-Cr.3d 300.02 and 302.04 because those instructions do not properly define the term “reasonable doubt.” We affirm. The defendant has not challenged the sufficiency of the evidence to sustain the judgments of conviction. Our recitation of the facts is limited to those relevant to the appeal. They are: On July 8, 1986, the defendant rented a…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Missouri Court of Appeals; 760 S.W.2d 162. Datos: https://static.case.law/sw2d/760/cases/0162-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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State v. Cheek, 760 S.W.2d 162 (Missouri Court of Appeals, 1988) HOGAN, Judge. By seven-count information filed in the Circuit Court of Greene County, defendant Randal Lee Cheek was charged with two counts of first-degree robbery in violation of § 569.020, RSMo 1986; two counts of kidnapping in violation of § 565.110; two counts of armed criminal action in violation of § 571.015.1, and one count of first-degree assault in violation of § 565.050. Defendant’s punishment was assessed at imprisonment for a term of 25 years on each count of first-degree robbery; 15 years on each count of kidnapping; 25 years on each count of armed criminal action and 25 years on the count charging first-degree assault. It was ordered that the sentences be served concurrently. The defendant appeals, contending that: 1) the trial court erred in denying defendant’s request for a mistrial made during the State’s closing argument because the Prosecuting Attorney commented indirectly on the defendant’s failure to testify; 2) the trial court erroneously received evidence of the defendant’s possession of a handgun, and 3) the trial court erroneously gave and read MAI-Cr.3d 300.02 and 302.04 because those instructions do not properly define the term “reasonable doubt.” We affirm. The defendant has not challenged the sufficiency of the evidence to sustain the judgments of conviction. Our recitation of the facts is limited to those relevant to the appeal. They are: On July 8, 1986, the defendant rented a…