STATE v. SMITH

No. 41436.

612 S.W.2d 895 (1981)

STATE of Missouri, Respondent, v. Herman Patrick SMITH, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

February 24, 1981.


Attorney(s) appearing for the Case

George E. Sullivan, O'Fallon, for appellant.

William N. Seibel, Jr., Asst. Pros. Atty., St. Charles, John Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent.


CRIST, Presiding Judge.

Defendant was convicted by a jury of first degree murder and first degree robbery. He was sentenced to consecutive terms of life and fifty years, respectively. The first degree murder conviction is affirmed. The first degree robbery conviction and judgment are reversed.

On the evening of January 7, 1977, defendant and co-conspirator were granted entrance to the trailer home of one John Russell Stewart, an acquaintance of the co-conspirator...

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