State v. Coffee

• Decision Date: 27 November 1900
• Citation: 59 S.W. 964,158 Mo. 568
• Parties: STATE v. COFFEE.
• Court: Missouri Supreme Court

59 S.W. 964

158 Mo. 568

STATE v. COFFEE.

Supreme Court of Missouri, Division No. 2.

November 27, 1900.

CRIMINAL LAW — ROBBERY — VERDICT — PREJUDICE OF JURY — DIFFERENCE IN PUNISHMENT — LARCENY — FAILURE TO INSTRUCT.

1. Where two defendants are jointly tried and convicted of robbery, and the punishment of one is fixed by the jury at 20 years in the penitentiary and the other at 5 years, the difference in the punishment does not show that the verdict is the result of prejudice which will warrant the reversal of the judgment, where the former was the principal actor in the robbery and an adult, while the latter was a boy 16 years old.

2. Where the evidence of the prosecutor in a prosecution for robbery was to the effect that the robbery was acccomplished by throwing him down and taking $5.80 away from him, it was not error for the court to refuse to charge on petit larceny.

Appeal from St. Louis circuit court; Selden P. Spencer, Judge.

John, alias Java, Coffee was convicted of robbery, and he appeals. Affirmed.

Defendant and one Frank Schaffer were jointly indicted in the circuit court of the city of St. Louis for having, at said city, on the 1st day of April, 1899, assaulted and robbed, by force and violence, one Albert Doering of the sum of $5.80. Thereafter, on October 11, 1899, they were put upon their trial, and convicted of robbery in the first degree, as charged, and the punishment of Coffee fixed at 20 years', and that of Schaffer at 5 years', imprisonment in the penitentiary. Defendant appeals.

Chas. T. Noland, for appellant. The Attorney General and Sam B. Jeffries, for the State.

BURGESS, J.

On the night of the 1st of April, 1899, near the hour of 12 o'clock, as Albert Doering was walking north on Taylor street, in said city, he discovered that some one was coming up behind him, who finally overtook him, threw his arms around his neck, and threw him down. About this time another man appeared upon the scene, and, while Doering was down on the platform, kicked him on the right side. Doering told him not to kick him, but to take his money; that he did not want to be hit. In the meantime another boy, or young man, jumped to his left side. Doering had $5.80 in his pocket, which was taken from him by his assailants, by force and against his will, while he was down. As soon as they obtained the money they released Doering, who then began to "holler," and ran up the street. There was a police officer near at hand, and he and Doering...