STATE v. KIMBALL

No. 11873.

620 S.W.2d 29 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Daniel E. KIMBALL, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Application to Transfer Denied September 8, 1981.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Steven W. Garrett, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Loren R. Honecker, Sherwood, Honecker & Bender, Springfield, for defendant-appellant.


GREENE, Presiding Justice.

Defendant, Daniel E. Kimball, was jury-tried and convicted of first degree robbery in violation of § 560.120, RSMo 1969. He was thereafter sentenced by the trial court to 40 years' imprisonment, after the court had determined defendant to be a second offender. This appeal followed.

The basic facts are that defendant entered the mobile home of Ricky Dye, put Dye in fear by pointing a sawed-off shotgun at him, bound and gagged...

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