STATE v. JONES

No. 38769.

556 S.W.2d 211 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Tommy JONES, Defendant-Appellant.

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

September 6, 1977.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Terry Burnet, Asst. Public Defender, St. Louis, for defendant-appellant.

George A. Peach, Circuit Atty., Terrence J. O'Toole, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


GUNN, Judge.

Defendant was convicted of two counts of robbery with a dangerous and deadly weapon. Defendant's conviction was based on the positive identification of him by the two victims of the robbery and two other eye witnesses. The identification of defendant was unequivocal. The sole issue on appeal is whether the trial court committed plain error in failing to give MAI-CR 2.70 on verdict possibilities, as the defendant was charged with distinct offenses in separate...

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