State v. Vaughn

HOLMAN, Judge.

Defendant was charged with the offense of robbery in the first degree by means of a dangerous and deadly weapon. See §§ 560.120 and 560.135, RSMo 1969, V.A.M.S. Upon trial he was found guilty and his punishment fixed by the jury at imprisonment for a term of ten years. Defendant duly appealed. This court has jurisdiction since the notice of appeal was filed prior to January 1, 1972. Mo. Const. Art. V, § 3, V.A.M.S.

The appeal was originally heard in Division One where an opinion was adopted, but the case was subsequently transferred to Court en Banc because of the dissent of one…