State v. Walker
| Decision Date | 17 February 1932 |
| Docket Number | No. 31691.,31691. |
| Citation | 46 S.W.2d 569 |
| Parties | STATE v. WALKER. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court; Wilson A. Taylor, Judge.
Gus Walker was convicted of robbery in the first degree, and he appeals.
Affirmed.
Stratton Shartel, Atty. Gen., and Carl J. Otto, Asst. Atty. Gen., for the State.
The defendant in this case was charged in the circuit court of the city of St. Louis, Mo., with the crime of robbery in the first degree. He was also charged, by the information, of having been previously convicted and of having served a sentence for a like offense. In the present case the defendant was convicted, and the jury assessed his punishment at thirty years' imprisonment in the penitentiary. Defendant was accorded allocution, and sentence was passed in accordance with the verdict. From this judgment an appeal was duly perfected to this court.
The evidence adduced, by the state, warrants the finding that defendant, in company with a companion, on November 18, 1929, at about 6 p. m., entered the office of the Guaranty Motor Corporation, located at 2936 Locust street, St. Louis, Mo. Defendant at the point of a revolver ordered the cashier, in the office at the time, to open the safe and the cash drawer. Defendant and his companion obtained over $900 in cash. The witnesses to this robbery positively identified the defendant as one of the men that perpetrated this crime. Only two points are preserved, in the motion for a new trial, for our review.
Defendant contends that the court erred in permitting the state to introduce in evidence the record of the previous conviction, and particularly the record of the Boonville Reformatory. The record discloses that the defendant, in the year 1925, entered a plea of guilty to robbery in the first degree, and was sentenced by the court to serve five years in the state penitentiary. This sentence was commuted to a sentence in the State Reformatory at Boonville. The information properly alleged the previous conviction and the discharge from the sentence imposed. Under the allegations of the information, the record of the previous conviction and defendant's compliance with the sentence imposed was proper evidence. State v. Dalton (Mo. Sup.) 23 S.W.(2d) loc. cit. 5; State v. Taylor, 323 Mo. 15, 18 S.W.(2d) loc. cit. 478.
In the remaining assignments of error, defendant complains of the trial court's failure to declare a mistrial and to sufficiently rebuke one of the state's witnesses for inserting into the testimony an alleged prejudicial statement as follows: ...
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