STATE v. JOHNSON

No. 55065.

457 S.W.2d 762 (1970)

STATE of Missouri, Respondent, v. Joseph Demarion JOHNSON, Appellant.

Supreme Court of Missouri, Division No. 2.

September 14, 1970.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Thomas L. Patten, Asst. Atty. Gen., Jefferson City, for respondent.

Robert G. Duncan, Pierce, Duncan, Hill & Russell, Kansas City, for appellant.


BARRETT, Commissioner.

Joseph Demarion Johnson was charged, tried and found guilty of robbery in the first degree. The jury fixed his punishment at 25 years' imprisonment and he has appealed. The indictment charged that on August 25, 1967, Johnson, feloniously, made an assault upon David Weinstein with a .38 caliber revolver and "did rob, steal, take and carry away certain property, to wit: one (1) .38 calibre revolver of the value of seventy ($70.00) Dollars, One...

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