ROBERTSON, Presiding Justice, for the Court:
Thomas J. Rasco was indicted by the grand jury of the Circuit Court of Jackson County for capital murder, in that he killed Mary Vincent on December 1, 1976, while engaged in the commission of the crime of armed robbery.
After both sides had rested, the court sustained the defendant's motion for a peremptory instruction as to capital murder, the court finding that the state's evidence was insufficient to prove robbery...
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