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546 S.W.2d 200

State v. Rantz

Missouri Court of Appeals

Decided January 7, 1977

Missouri Court of Appeals · decided 1977-01-07

Cited by 7 later decisions — most recently February 1985

7 state decisions

Relies on State v. Lang · State v. Collett · State v. Larkins

Good law ✅— No negative treatment on recordhow we know

Decided 1977-01-07

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BILLINGS, Chief Judge.

¶1Defendant Bobby Gene Rantz was tried for second degree burglary and stealing. A Greene County jury found him guilty of burglary and not guilty of stealing. Punishment was assessed at five years’ imprisonment and after his motion for new trial was denied, allocution, sentence, and judgment followed. We affirm.

¶2Three of defendant’s points in this appeal pertain to the testimony of an accomplice, Jimmy Carter. The remaining point concerns one of the court’s instructions.

¶3The instruction of which defendant complains has not been set forth in defendant’s brief as required by Rule 84.04(e), V.A.M.R., and the point has not been preserved for review. State v. Larkins, 518 S.W.2d 131, 135 (Mo.App.1974).

¶4There is no merit in the three-pronged attack defendant makes on the testimony of accomplice Carter. This witness was competent to testify, even though an accomplice. And a defendant may be convicted on the uncorroborated testimony of an accomplice. State v. Lang, 515 S.W.2d 507, 509 (Mo.1974).

¶5The “deal” the state had made with Carter in exchange for his testimony against the defendant was disclosed to the defendant before Carter testified. Carter was fully cross-examined as to his “deal” and the jury fully informed of the arrangement. State v. Collett, 526 S.W.2d 920, 931-932 (Mo.App.1975).

¶6Defendant in his cross-examination of Carter sought to impeach the witness’ trial testimony by showing a prior statement Carter made to an officer and also his testimony at defendant’s preliminary hearing. On redirect Carter was permitted to testify he was telling the truth at the preliminary hearing and at the trial and offered explanations for seemingly contradictory statements. This was not error. State v. Griffin, 497 S.W.2d 133, 135-136 (Mo.1973); 98 C.J.S. Witnesses § 421, at 228.

¶7The judgment is affirmed.

¶8All concur.

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