STATE v. LOMACK

No. 38924.

570 S.W.2d 711 (1978)

STATE of Missouri, Respondent, v. Robert LOMACK, Appellant.

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

Motion for Rehearing and/or Transfer Denied September 15, 1978.

Application to Transfer Denied October 10, 1978.


Attorney(s) appearing for the Case

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

Robert C. Babione, Public Defender, Joseph W. Warzycki, Asst. Public Defender, St. Louis, James M. Smith and Michael P. David, for appellant.


CLEMENS, Presiding Judge.

Defendant Robert Lomack has appealed his first degree robbery conviction for which he was sentenced to five years' imprisonment.

On December 11, 1975 a robbery occurred at a liquor store as the owner, his wife, and an employee were opening it for business. A man wearing a pulled-up ski mask and holding a gun followed the three into the store. The owner testified the man did not pull down the ski mask to cover his face until his wife...

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