Missouri Court of Appeals April 22, 2003, No. WD 61120 (State v. Thomas)

ORDER

PER CURIAM.

Delbert Thomas appealed from his convictions after jury trial of burglary in the first degree, and assault in the first degree. The Court of Appeals held that: (1) the trial court did not abuse its discretion in allowing the testimony of a rebuttal witness; and (2) it was not plain error for the trial court to not grant a mistrial sua sponte after the victim brought up uncharged