Criminal Law : Opening Statement – Admission Of Exhibit – Chain Of Custody

Where a defendant who was convicted of resisting arrest and drug possession argued that the trial court erred in limiting his opening statement, the opening statement was sufficient to provide the jury with a context in which to view the evidence to support the defense theory, so any error in limiting the opening was not prejudicial, and even if the evidence did not explain how the evidence was returned to the booking officer and implied a gap in custody, the gap would go to the weight of the evidence, rather than its admissibility, and the state established a sufficient chain of custody for admission of drug evidence.

Judgment is affirmed.

State v. Pennington (MLW No. 69473/Case No. WD78078 – 10 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Del Muro, J. (Chris Koster and Daniel N. McPherson, Jefferson City, for respondent) (Laura G. Martin, Kansas City, Missouri, for appellant).

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