Opinion

State v. Brown

670 S.W.2d 140
1984 Mo. App. LEXIS 4573

Court: Missouri Court of Appeals
Filed: Apr 24, 1984
Status: Published
Author: Maus
On the bench: Prewitt, Maus, Hogan
Cited by: 9 cases
Authority: More cited than 10.4%

The opinion

MAUS, Presiding Judge,

concurring.

I concur. However, I do not find it is necessary to determine if the defendant’s statement of recognition he was on parole is admissible upon the issue of the degree of his intoxication. The state impermissi-bly over-emphasized and used this statement to create prejudice against the defendant. Compare State v. Nickens, 403 S.W.2d 582 (Mo. banc 1966); State v. Willis, 602 S.W.2d 9 (Mo.App.1980); MAI-CR2d 3.60.

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