STATE v. SMITH

No. 38010.

547 S.W.2d 216 (1977)

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

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

February 8, 1977.


Attorney(s) appearing for the Case

Robert C. Babione, Blair K. Drazic, Walter H. Sheata, Mary Louise Moran, St. Louis, for defendant-appellant.

John Ashcroft, Preston Dean, W. Mitchell Elliott, Jefferson City, George A. Peach, St. Louis, for plaintiff-respondent.


DOWD, Judge.

A jury convicted defendant of robbery in the first degree, Section 560.120 RSMo 1969. The court sentenced him to ten years imprisonment. Defendant appeals.

The defendant does not challenge the sufficiency of the evidence, and the facts may be briefly stated. Two men robbed a service station after one asked an employee of the station, Searcy Marshall, how much Marshall would charge to let them rob him. The man who spoke wore overalls, a green sweatshirt...

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