State v. Faudi

• Decision Date: 18 December 1928
• Docket Number: No. 29084.,29084.
• Citation: 11 S.W.2d 1014
• Parties: STATE v. FAUDI.
• Court: Missouri Supreme Court

11 S.W.2d 1014

STATE v. FAUDI.

No. 29084.

Supreme Court of Missouri, Division No. 2.

December 18, 1928.

Appeal from St. Louis Circuit Court; Erwin G. Ossing, Judge.

George Faudi was convicted of robbery with force and arms, and he appeals. Affirmed.

The indictment was as follows:

"The Grand Jurors of the State of Missouri, within and for the body of the City of St. Louis, now here in Court, duly impaneled, sworn and charged, upon their oath presents:

"That George Faudi on the 29th day of January in the year of our Lord one thousand nine hundred and twenty-seven at the City of St. Louis aforesaid, with force and arms, in and upon one Albert Buchmueller feloniously did make an assault, and the said Albert Buchmueller in fear of an immediate injury to his person then and there feloniously did put, and by force and violence to his person one hundred and twenty dollars and twenty cents ($120.20) lawful money of the United States, of the value of One Hundred and Twenty Dollars and twenty cents ($120.20), all of the moneys, goods, chattels and personal property of the said Albert Buchmueller, from the person and in the presence and against the will of the said Albert Buchmueller then and there, with force and violence as aforesaid, feloniously and violently did rob, steal, take and carry away, with the felonious intent then and there to permanently deprive the owner of the use thereof and to convert same to his own use; against the peace and dignity of the State."

The verdict was as follows:

"We, the jury in the above entitled cause, find the defendant guilty of robbery in the first degree, as charged in the indictment, and assess the punishment at imprisonment in the penitentiary for (50) years."

Verne Lacy and Joseph Linder, both of St. Louis, for appellant.

Stratton Shartel, Atty Gen., and Mary Louise Ramsey, Sp. Asst. Atty. Gen., for the State.

DAVIS, C.

An indictment filed in the circuit court of the city of St. Louis charged defendant with robbery with force and arms. Upon a trial the jury returned a verdict of guilty, and assessed his punishment at imprisonment in the penitentiary for a term of 50 years. The defendant appealed from the judgment entered on the verdict.

The evidence warrants the finding that, on January 29, 1927, one Albert Buchmueller was conducting a cleaning and dyeing business at 3444 Gravois avenue in the city of St. Louis. Around 5 p. m. of that day, while Buchmueller, his wife, and a janitress were in the place of business, two men, whom Buchmueller surmised were customers, came in the door, one of whom preceded the other and demanded of Buchmueller money, after covering Buchmueller, his wife, and the janitress with revolvers and ordering them to put up their hands. Buchmueller at their order opened the safe and the till and handed the robber in front, in all, about $120. During the progress of the robbery both men kept revolvers in their hands. On the trial Buchmueller failed to identify defendant as one of the men present during the robbery, but Mrs. Buchmueller and the janitress made a positive identification, saying they particularly noticed the faces of the two men and could not be mistaken as to the identity of defendant. Other testimony tended to...