State v. Benson
| Decision Date | 27 October 1986 |
| Docket Number | No. 14652,14652 |
| Citation | 718 S.W.2d 664 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Bruce Wayne BENSON, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
William L. Webster, Atty. Gen., Paul LaRose, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.
David E. Woods, Poplar Bluff, for defendant-appellant.
Bruce Wayne Benson, after waiver of jury trial, was court-tried and convicted of selling marijuana, a controlled substance, in violation of § 195.020, 1 and was thereafter sentenced to five years' imprisonment. Benson's appeal followed. We affirm.
The sufficiency of the evidence to sustain the conviction is not questioned. It suffices to say that the evidence conclusively proved that on April 13, 1984, in Butler County, Missouri, Benson sold approximately 3.6 grams of marijuana to Richard Hursey, a member of the Missouri Highway Patrol, who was working undercover in the patrol's Drug Enforcement Unit, for a sum of $20.
In his first point relied on in this appeal, Benson contends that the trial court erred in refusing to grant a mistrial after the prosecutor asked Benson, who took the stand in his own defense, "Isn't it a fact that you went into the service in order to avoid prosecution on a first degree armed robbery charge?" In his testimony on direct examination, Benson had said that he received an honorable discharge after his military service. Benson's attorney objected to the prosecutor's question on the grounds that it was "irrelevant and immaterial." Before the objection was ruled, Benson answered, "No." The trial judge then said to the prosecutor, "I'm not going to allow you to do that," and denied a subsequent motion by Benson's attorney for mistrial.
Motions for mistrial are addressed to the sound discretion of the trial court, and its rulings on such motions will not be disturbed on appeal absent a showing of manifest abuse. State v. Lee, 654 S.W.2d 876, 879 (Mo. banc 1983). No such abuse is shown here. Benson's answer did not hurt his cause, and the trial court told the prosecutor not to pursue the matter. The denial of the request for mistrial was proper.
In his second point, Benson claims error because the trial court allowed the prosecutor to ask witness Hursey if there was any doubt in his mind that state's exhibit 1 was, in fact, the bag of marijuana Hursey had purchased from Benson, to which question Hursey answered, "No, sir, I don't have any doubt in my mind." Benson's attorney had objected to the question as calling for a conclusion.
The trial court has wide discretion in determining whether to allow opinion testimony on an identification issue. State v. Taylor, 496 S.W.2d 822, 824 (Mo.1973), and the propriety of questions calling for such testimony is a...
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State v. Gustin
...of custody of plastic baggie of marijuana is irrelevant when the exhibit is positively identified at trial), and State v. Benson, 718 S.W.2d 664, 666[3, 4] (Mo.App.1986), (chain of custody of bag of marijuana is irrelevant when the exhibit is positively identified at At trial in the instant......
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State v. Hurtt, No. 16915
... ... Moreover, since Exhibit 3 was the baggie itself, as distinguished from its contents, and was positively identified by Tammy, it was properly admitted. State v. Fels, 741 S.W.2d 855, 857 (Mo.App.1987); State v ... Benson ... ...
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State v. Fels, 50835
...as the plastic baggie of marijuana in question is an irrelevant issue when the exhibit has been positively identified. State v. Benson, 718 S.W.2d 664, 666 (Mo.App.1986). At trial Dougherty identified the plastic baggie of marijuana as the one he purchased from the defendant on March 22, 19......