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State v. Lucas

Missouri Court of Appeals, Eastern District, Division Five
May 25, 1999
992 S.W.2d 353 (Mo. Ct. App. 1999)

Opinion

No. ED74692

May 25, 1999

APPEAL FROM THE CIRCUIT COURT OF ST. FRANCOIS COUNTY, HON. STAN J. MURPHY, JUDGE.

Rosalynn Koch, Asst. Public Defender, 3402 Buttonwood, Columbia, Missouri 65201-3722, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Breck K. Burgess, Assistant Attorney General, P.O. Box 899, Jefferson City, Missouri 65102, for respondent.

Before: Dowd, Jr., C.J., Karohl, J. and Blackmar, Sr. J.


Defendant appeals after conviction and sentence as a prior offender for committing violence to an employee of the Department of Corrections, a class C felony. Section 217.385 RSMo 1994. His points are not reviewable. They are without merit.

A ruling granting a motion in limine is not appealable. State v. Purlee, 839 S.W.2d 584, 592 (Mo. banc 1992). A ruling sustaining an objection to a question Defendant addressed to his own witness is not appealable in the absence of an offer of proof. Id. There was no offer of proof. Further, this point was not preserved in Defendant's motion for new trial. Defendant did not object to the State's closing argument that his defense made no sense. His claim of plain error is not supported by fact or law. State v. Cobb, 875 S.W.2d 533, 537 (Mo. banc 1994), cert. denied 513 U.S. 896, 115 S.Ct. 250, 130 L.Ed.2d 172 (1994).

No jurisprudential would be served by an extended opinion.

The judgment is affirmed.


Summaries of

State v. Lucas

Missouri Court of Appeals, Eastern District, Division Five
May 25, 1999
992 S.W.2d 353 (Mo. Ct. App. 1999)
Case details for

State v. Lucas

Case Details

Full title:STATE OF MISSOURI, RESPONDENT, vs. JOSEPH LUCAS, APPELLANT

Court:Missouri Court of Appeals, Eastern District, Division Five

Date published: May 25, 1999

Citations

992 S.W.2d 353 (Mo. Ct. App. 1999)

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