STATE v. JOHNSON

No. 38750.

559 S.W.2d 756 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Melvin JOHNSON, Defendant-Appellant.

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

November 29, 1977.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Joseph Webb, Asst. Public Defender, St. Louis, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for plaintiff-respondent.


REINHARD, Judge.

Defendant was found guilty of robbery in the first degree, and was sentenced under the Second Offender Act to imprisonment for ten years. §§ 560.120, 560.135, RSMo 1969.

The trial court instructed on robbery in the first degree, requiring the jury to find that defendant acted either alone "or knowingly and with common purpose together with another * * *." The court also submitted Instruction No. 5, which was MAI-CR 2.10, "General...

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