STATE v. MARBERRY

No. 44824.

639 S.W.2d 290 (1982)

STATE of Missouri, Respondent, v. William MARBERRY, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

August 31, 1982.


Attorney(s) appearing for the Case

Jack Duncan, Flat River, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, Gary Stevenson, Farmington, for respondent.


CLEMENS, Senior Judge.

The narrow issue here: Was defendant William Marberry guilty of armed robbery when to facilitate escape he threatened the victim with a gun after defendant had burglarized the victim's home? We say yes.

The pertinent evidence: When victim Oliver Hulsey came home defendant, armed with a pistol, came out carrying a bag of loot. On defendant's repeated commands to "freeze" and get down Mr. Hulsey

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