State v. Smith

VAN OSDOL, Commissioner.

Defendant, Daniel Patrick Smith, was convicted of robbery in the first degree, § 560.120, RSMo 1949, V.A.M.S. Punishment was assessed -by the jury at five years in the penitentiary; but the place of confinement was commuted, and defendant was sentenced to confinement for five years in the intermediate reformatory. Defendant has appealed, but has filed no brief herein. In our review, we shall look to defendant’s motion for a new trial for his assignments of error. State v. Rush, Mo.Sup., 286 S.W.2d 767.

By assignments Nos. 1 and 2, defendant asserts error of the trial…