STATE v. ROBERTS

No. KCD 27608.

530 S.W.2d 428 (1975)

STATE of Missouri, Respondent, v. Tyrone ROBERTS, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied December 8, 1975.


Attorney(s) appearing for the Case

Thomas Larson, Public Defender, E. L. Messina, Asst. Public Defender, Kansas City, for appellant.

John C. Danforth, Atty. Gen., K. Preston Dean, II, Asst. Atty. Gen., Jefferson City, for respondent.

Before SWOFFORD, P. J., and WELBORN and HIGGINS, Special Judges.


SWOFFORD, Presiding Judge.

The appellant (hereinafter referred to as "defendant") was tried by a jury upon a charge of first degree robbery, was convicted and sentenced to five years imprisonment. The defendant did not testify nor did he offer any evidence in the trial. The facts pertinent here, as disclosed by the state's evidence, may be summarized as follows:

Charles D. Burt and Kevin Furst were tending store at the Rhinocerous Leather Shop, 4509 Pennsylvania...

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