State v. Bryant

HOUSER, Commissioner.

Leroy Watson Bryant was convicted of first degree robbery under the habitual crim inal statute, § 556.280, V.A.M.S. Sentenced by the court to 20 years’ imprisonment in the penitentiary, defendant has appealed.

Defendant’s brief on appeal urges two points, both of which are technical criticisms of jury instructions. Neither requires a statement of the evidence, the sufficiency of which is not otherwise challenged.

Defendant’s first complaint is directed at Instruction No. 2, which follows:

“The Court instructs the jury that if you believe and find from the evidence in this…