Missouri Court of Appeals, Southern District / Oct 7, 2019
STATE OF MISSOURI, Respondent vs. DALE CATER, JR., Appellant
Dale E. Cater, Jr. appealed his convictions for burglary and related charges, arguing there was insufficient evidence of intent to steal and that the trial court erred in denying a mistrial. Cater contended the prosecutor's closing argument improperly commented on his right to not testify. The appellate court affirmed the convictions, finding sufficient circumstantial evidence of larcenous intent and concluding the prosecutor's remarks were a permissible rhetorical question in rebuttal, not a comment on Cater's silence.