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STATE v. MONTJOY

No. 10844.

587 S.W.2d 624 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Louis V. MONTJOY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

Motion for Rehearing or Transfer Denied September 24, 1979.

Attorney(s) appearing for the Case

Stephen L. Taylor, Sikeston, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

HOGAN, Judge.

A jury has found Louis Montjoy guilty of robbery in the first degree, as defined and denounced by § 560.120, RSMo 1969, V.A. M.S., now repealed. His punishment has been assessed at imprisonment for a term of 10 years. He appeals.

The State made proof of the constitutive elements of the crime by one Delores Cook, manager of the E-Z Food Mart (the store) in Sikeston, Missouri. Just before the robbery was committed, Mrs. Cook had made a purchase...

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