DocketNumber: No. 54566
Citation Numbers: 445 S.W.2d 278, 1969 Mo. LEXIS 744
Judges: Alternate, Barrett, Donnelly, Finch, Henley, Morgan, Pritchard, Stockard
Filed Date: 10/13/1969
Status: Precedential
Modified Date: 10/19/2024
(concurring).
I concur in the principal opinion herein except that portion of the final paragraph which mentions waiver by defendant of a separate hearing and also refers to a duty on the part of defendant to object and protect his constitutional rights. I do not understand that the trial court in making its findings and conclusions relied on such grounds, and I would not rely thereon. In my view, they are not necessary to our opinion affirming the trial court’s findings, conclusions and judgment as not being clearly erroneous.