STATE v. ABERNATHY

No. 26764.

515 S.W.2d 812 (1974)

STATE of Missouri, Respondent, v. Larry R. ABERNATHY, Appellant.

Missouri Court of Appeals, Kansas City District.

November 4, 1974.


Attorney(s) appearing for the Case

Willard B. Bunch, Public Defender, Paul R. Katz, Asst. Public Defender, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Ellen S. Roper, Asst. Atty. Gen., Jefferson City, for respondent.

Before PRITCHARD, P. J., and SWOFFORD, SOMERVILLE and TURNAGE, JJ.


SWOFFORD, Judge.

The appellant (hereinafter referred to as defendant) was originally charged, by information, with Robbery, First Degree. On the day of trial, without objection, the state filed an amended information under the Second Offenders Act, Section 556.280 RSMo 1969, V.A.M.S.

The felony here charged was that on October 2, 1972, the defendant entered a Seven-Eleven store, pointed a revolver at the man in charge, demanded money from the cash register...

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