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State Missouri v. Carl W. Denny

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eBook details

  • Title: State Missouri v. Carl W. Denny
  • Author : Southern District, Division One Missouri Court of Appeals
  • Release Date : January 03, 1981
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

PER CURIAM: Defendant Carl W. Denny was charged as a persistent offender ( § 558.016-2) 1 with having committed the class A felony of first degree robbery ( § 569.020) in Taney County on February 16, 1980. The jury found defendant guilty and assessed punishment at imprisonment for a term of thirty years. § 558.01101(1). Albeit the court found defendant to be a persistent offender, it imposed a sentence in accordance with the jury's verdict but specified it was to ""run consecutively with the sentence for first degree robbery in Greene County in its Case No. CR580-62-FX-2."" Defendant appealed. The facts regarding the robbery were not in dispute at trial and their sufficiency to sustain the conviction is not here questioned. Therefore, a brief summary of the evidence will suffice. Near 12:15 a.m. on February 16, 1980, three men (later identified as the defendant, his brother and Gerald Johnson) entered the Branson Inn at Branson, Missouri, armed with handguns. With defendant apparently taking the lead, they demanded money from the night auditor at gunpoint. The trio also took money from the cash drawer and a desk, money and a wristwatch from the auditor and a bearskin rug from one of the offices. Defendant then knocked the auditor to the floor by hitting him with a gun. After the robbers departed, the auditor notified the police who notified other authorities in the area regarding the crime with a description of the perpetrators and the property stolen.


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