STATE v. KIRKSEY

No. 35852.

528 S.W.2d 536 (1975)

STATE of Missouri, Respondent, v. Dennis KIRKSEY, Appellant.

Missouri Court of Appeals, St. Louis District, Division 2.

September 30, 1975.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Preston Dean, Scott A. Raisher, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., John D. Chancellor, Asst. Circuit Atty., for respondent.

David V. Uthoff, St. Louis, for appellant.


CLEMENS, Presiding Judge.

Defendant appeals from his conviction of first degree robbery by means of a dangerous and deadly weapon, a felony under § 560.135, RSMo 1969. The State's evidence was that at gunpoint defendant and two accomplices robbed two telephone company employees of money collected from pay telephones. Both victims identified defendant Kirksey as the man who had produced the gun during the robbery.

Defendant first seeks to invoke the plain...

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