Where a trial court inadvertently announced a finding of guilt before defense counsel had the opportunity to make closing arguments, the court cured the error by setting aside the verdict, allowing counsel to make closing arguments and then entering a new verdict, and there was no prejudice because the court gave open-minded consideration to the closing argument before rendering its new verdict.
Judgment is affirmed.
State v. McIntosh (MLW No. 71420/Case No. WD79709 – 11 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Appealed from circuit court, Jackson County, Midkiff, J. (Damien De Loyola, Kansas City, Missouri, for appellant) (Daniel McPherson, Jefferson City, for respondent).