STATE v. EMORY

No. KCD 28956.

563 S.W.2d 120 (1978)

STATE of Missouri, Respondent, v. Norvell EMORY, Appellant.

Missouri Court of Appeals, Kansas City District.

February 27, 1978.


Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Lee M. Nation, Asst. Public Defender, Kansas City, for appellant.

John D. Ashcroft, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Jefferson City, for respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


SOMERVILLE, Presiding Judge.

Defendant, charged with robbery in the first degree through the use of a dangerous and deadly weapon (Section 560.135, RSMo 1969), was tried to a jury and found guilty of stealing from the person (Section 560.161, RSMo 1969). The jury assessed his punishment at four years imprisonment and this appeal followed.

A brief synopsis of the evidence will suffice as its sufficiency has not been questioned. During the early morning hours...

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