STATE v. BURSE

No. 40375.

583 S.W.2d 221 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Darryl BURSE, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

May 22, 1979.


Attorney(s) appearing for the Case

David M. Johnson, Hayes & Heisler, Clayton, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto and Michael P. Donegan, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.


CRIST, Judge.

Criminal case. Defendant was convicted by a jury of attempted robbery first degree and armed criminal action. He received concurrent penitentiary sentences of 8 years and 35 years, respectively.

Defendant claims error in that the state failed to prove the victim was placed in fear. We find no error. Proof that the victim was placed in fear is not an element of attempt to commit robbery first degree. State v. Holliday,

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