State v. Chapman

HIGGINS, Judge,

dissenting.

I am unable to find in this case the “manifest injustice or miscarriage of justice” necessary to relief under the plain error rule. See Rule 27.20, V.A.M.R.

The quoted record demonstrates that the court sustained the only objection made and instructed the jury not to consider the hearsay evidence in question. Such circumstances do not require the drastic remedy of a mistrial. See State v. Wells, 606 S.W.2d 777 (Mo.1980).

I would affirm the judgment.