State v. Benjamin

STOCKARD, Commissioner.

Willie Benjamin was found guilty of robbery in the first degree by means of a dangerous and deadly weapon, Sections 560.120 and 560.135 (all statutory references are to RSMo 1949, V.A.M.S.), and the jury assessed his punishment at five years imprisonment in the state penitentiary. He has appealed from the ensuing judgment. No brief was filed in this court on behalf of appellant. Therefore, we shall look to the motion for new trial for his assignments of error.

Appellant contends that the trial court erred in overruling his motion for judgment of acquittal made at the end…