State v. Flynn
Citation | 505 S.W.2d 48 |
Decision Date | 11 February 1974 |
Docket Number | No. 57618,No. 1,57618,1 |
Parties | STATE of Missouri, Respondent, v. Robert Joseph FLYNN, Appellant |
Court | United States State Supreme Court of Missouri |
John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Assist. Atty. Gen., St. Louis, for respondent.
Gary E. Haggerty, Kansas City, for appellant. appellant.
WELBORN, Commissioner.
Appeal from judgment and sentence, on jury verdict finding Robert Joseph Flynn guilty of forcible rape and fixing punishment at 20 years' imprisonment.
Because of the limited question raised on this appeal, no recital of the details of the case is required. The state's evidence did show a forcible rape of a Kansas City woman on January 26, 1971 and that appellant was the person who committed the offense.
In the state's opening portion of the argument, the assistant prosecuting attorney, after making brief introductory comments and before reviewing the testimony, made the following statement concerning the court's instructions:
The state's attorney reviewed the evidence. In closing the state's opening portion of the argument, the prosecutor made this statement:
'If you believe these facts, and you are no doubt aware of the rise of crime, and if you believe this defendant, Robert Joseph Flynn raped (name omitted), then you will find him guilty and you will assess his punishment in the Missouri Department of Corrections in order that he may be punished, and others in this city and this county, and this State, will no longer commit acts of violence such as this.
Defendant's counsel in his response reviewed the evidence. He directed his argument, primarily, toward discrediting the identification testimony presented by the state and to attacking the credibility of each witness presented by the state. Defense counsel did not refer to the question of punishment.
In the state's closing portion of the argument, the prosecutor directed her remarks to the rehabilitation of those witnesses for the state. The closing comments to the jury were as follows:
...
To continue reading
Request your trial-
State v. Hatten, KCD
...(Mo.1972); State v. Williams, 419 S.W.2d 49, 53(6) (Mo.1967); State v. Bankhead, 536 S.W.2d 172, 173(2) (Mo.App.1976); State v. Flynn, 505 S.W.2d 48, 49 (Mo.1974). The reasons for this rule have been frequently stated. A trial court cannot be charged with error for reasons not timely presen......
-
Flynn v. State, KCD
...was tried and found guilty of rape and sentenced to a term of twenty years. Upon direct appeal, his conviction was affirmed. State v. Flynn, 505 S.W.2d 48 (Mo.1974). Appellant thereafter filed a motion under Rule 27.26 to set aside the conviction; an evidentiary hearing was held; the trial ......