State v. Macon

• Decision Date: 16 August 1926
• Docket Number: 26444
• Citation: 287 S.W. 775
• Parties: STATE v. MACON
• Court: Missouri Supreme Court

287 S.W. 775

STATE v. MACON

No. 26444

Supreme Court of Missouri, Second Division

August 16, 1926

Emanuel Williams, of St. Louis, for appellant.

North T. Gentry, Former Atty. Gen., Robert W. Otto, Atty. Gen., and W. F. Frank, Asst. Atty. Gen., for the State.

OPINION

WALKER, J.

An information was filed in the circuit court of the city of St. Louis January 19, 1924, charging the appellant with the crime of robbery in the first degree. Upon a trial she was convicted and sentenced to the penitentiary for life. From this judgment she appeals.

No bill of exceptions has been filed herein. The information is in the usual form, and, in addition, charges a former conviction for a felony and a sentence of imprisonment in the penitentiary thereunder. No tenable objection can be urged to the information. Drawn under section 3307, it contains all the essential averments required in charging robbery in the first degree. The additional averment of a former conviction is authorized under section 3702, which makes it, when pleaded, a substantive fact, aggravating the principal offense charged.

The verdict is responsive to the issues made, and is not subject to objection. The requirements of the law were complied with in the sentence and judgment. No error warranting a reversal, the judgment is affirmed.

All concur.