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eBook details

• Title: State Missouri v. Eugene Joseph Barnes
• Author : Supreme Court of Missouri
• Release Date : January 10, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Defendant was charged with robbery in the first degree with a dangerous and deadly weapon under the Habitual Criminal Act,
seven prior felony convictions were alleged. See Secs. 556.280, 560.120 and 560.135 RSMo 1959. On trial, a jury returned a
verdict of guilty and the court assessed the punishment at 17 years' imprisonment in the State Penitentiary. Defendant was
represented by court appointed counsel and he was permitted to appeal as a poor person and a free transcript was provided.
No brief has been filed in this Court on his behalf and we shall review the assignments of error set forth in his motion for
a new trial. On February 23, 1960, at about 12:15 a.m., William Slay was in a package liquor store, which he owned and operated at 4217
West Easton Avenue in the City of St. Louis. He was in the store alone when a person, later identified as defendant and hereinafter
so referred to, entered and ordered a fifth of wine. When it was set out and the price stated, the defendant presented a gun
and said, "This is it man, hand it over." When Slay saw the gun, he was frightened and handed over his money, $35 from the
cash register. It was in bills and change. When defendant held out his left hand to take the money, Slay observed that it
was bleeding. Slay only saw the barrel of the nickel-plated gun and observed that defendant was about five feet eleven inches
in height, weighed about 180 pounds, had a scar on the left side of his face and wore a grey overcoat and a dark cap. Before
leaving, defendant required Slay to lie down on the floor, but as soon as defendant left the store, Slay got up and looked
out in time to see defendant cross Easton Avenue and go through a gangway, going south.

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