STATE v. SMITH

No. 35795.

526 S.W.2d 957 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Samuel SMITH, Jr., Defendant-Appellant.

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

August 26, 1975.


Attorney(s) appearing for the Case

Charles D. Kitchin, Public Defender, David M. Adams, Howard Paperner, Asst. Public Defenders, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Daniel J. Murphy, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


SMITH, Chief Judge.

Defendant was convicted by a jury of robbery by means of a dangerous and deadly weapon and upon the jury's inability to agree on punishment was sentenced by the court to seven years imprisonment. He appeals.

No question of the sufficiency of the evidence is raised. The victim of the robbery was in his apartment when he was held up by three men with guns. He was bound and gagged and was in the presence of the robbers 45 to 50 minutes. He...

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