State v. Johnson, 34931
| Decision Date | 15 January 1974 |
| Docket Number | No. 34931,34931 |
| Parties | STATE of Missouri, Respondent, v. Charles Deason JOHNSON, Appellant. . Louis District |
| Court | Missouri Court of Appeals |
John C. Danforth, Atty. Gen., G. Michael O'Neal, Neil MacFarlane, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Julian D. Cosentino, Richard L. Poehling, Asst. Circuit Attys., St. Louis, for respondent.
Frederick R. Buckles, Neal P. Murphy, St. Louis, for appellant.
Defendant was convicted of first-degree robbery (Count I) and operating a motor vehicle without the owner's consent (Count II). A jury found defendant guilty on both counts and assessed punishment at five years on the robbery count and one year on the motor-vehicle count. Defendant appeals, the only issue validly raised being whether the trial court properly permitted the state to try both counts at one trial.
About seven o'clock on the night of December 20, 1971, Mary Spears left her parked car bearing license AIF--119 on Kingshighway in St. Louis; when she returned the car was missing. She reported this to the police and went to the Seventh District Police Station where the car was soon brought in and identified.
Shortly after eight o'clock that night James and Mary Halley were walking from their garage to their home when a car stopped on the opposite side of the street. The driver--later identified as the defendant--ran up to them, flourished a revolver and demanded their money. He took Mr. Halley's wallet on the sidewalk, money, threw the wallet on the sidewalk, got back in the car and drove away. The car bore a license plate with 'AIF' as the first three digits. The Halleys immediately reported the robbery to the police and from a description of the Spears' car broadcast on the police radio a policeman recognized the car and chased it. He arrested three men in the car, one of whom was the defendant. Later at the police station the Halleys viewed a lineup and identified defendant as the driver of the car and the man who had robbed them. Later they identified defendant in court and also identified photos of the Spears' car.
After Mary Spears had testified concerning the disappearance of her car, the defense objected to any evidence of the robbery. Formerly, when a defendant was charged with two felonies, the state had to elect on which charge it would go to trial. State v. Frankum, 425 S.W.2d 183(15) (Mo.1968). That has been modified by Rule 24.04, V.A.M.R., effective July 1, 1971, allowing joinder in certain cases.
The issue now before us is whether the two offenses were properly joined for trial. Rule 24.04, with our emphasis added, declares:
Although not identical in language, Rule 8(a) of the Federal Rules of...
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