STATE v. OWENS

No. 37753.

550 S.W.2d 211 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Ronald Delane OWENS, Defendant-Appellant.

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

April 19, 1977.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Sara T. Harmon, Asst. Public Defender, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Chief Counsel, Robert L. Presson, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


WEIER, Judge.

Defendant Ronald Delane Owens was found guilty by jury of robbery first degree. His punishment was assessed by the jury at seven years in the custody of the Department of Corrections. At his trial he was represented by retained counsel. A brief statement of the facts will illuminate the points relied on in this appeal.

During the early morning of January 5, 1974, shortly after midnight, Durward Edwards had fallen asleep while watching his television...

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