STATE v. HAYNES

No. 39458.

573 S.W.2d 68 (1978)

STATE of Missouri, Plaintiff-Respondent, v. James HAYNES, Defendant-Appellant.

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

October 3, 1978.


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, Michael Finkelstein, Eric Martin, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., Richard G. Callahan, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


GUNN, Presiding Judge.

Defendant was convicted on two counts of armed robbery. He bases his appeal both on the trial court's refusal to give a non MAI-CR cautionary instruction on identification and on its overruling of an objection going to the relevancy of certain cross-examination of the defendant. We affirm.

Defendant and a companion, Edgar Futrell, held up the Wagner Furniture Company store in south St. Louis. Defendant brandished a shotgun and Futrell...

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