STATE v. GAITAN

No. 54164.

442 S.W.2d 530 (1969)

STATE of Missouri, Respondent, v. Benton Benito GAITAN, Appellant.

Supreme Court of Missouri, Division No. 2.

July 14, 1969.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Robert O. Snyder, Sp. Asst. Atty. Gen., St. Louis, for respondent.

Ward B. Stuckey, Stuckey & Hutcherson, Kansas City, for appellant.


BARRETT, Commissioner.

Upon a charge of first degree robbery with a dangerous and deadly weapon Benito Gaitan has been found guilty and his punishment fixed at life imprisonment. RSMo 1959, § 560.135, V.A.M.S.

These were the circumstances of the charge and conviction: Leo Tomlinson was an employee of National Biscuit Company. He was furnished a company-owned 1966 "turquoise over white" Chevrolet automobile. One of his customers was North Oak United Supermarket...

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