STATE v. SMITH

No. 56582.

477 S.W.2d 67 (1972)

STATE of Missouri, Respondent, v. Johnny Lee SMITH, Appellant.

Supreme Court of Missouri, Division No. 1.

March 13, 1972.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Gene E. Voigts, First Asst. Atty. Gen., Jefferson City, for respondent.

Gary E. Haggerty, Legal Aid and Defender Society of Greater Kansas City, Kansas City, for appellant; Paul T. Miller, Executive Director, Willard B. Bunch, Chief Defender, Kansas City, of counsel.


HIGGINS, Commissioner.

Johnny Lee Smith was convicted by a jury of robbery, first degree, by means of a dangerous and deadly weapon. The jury failed to agree on punishment, and the court assessed punishment at 15 years' imprisonment. Sentence and judgment were rendered accordingly. § 560.135, V.A.M.S.; Criminal Rule 27.03, V.A.M.R.

On March 17, 1970, two brothers, Virgil Emery Lawrence and Johnnie Lawrence, were employed as attendants at Clark Service...

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