State v. Bigham

SNYDER, Judge.

This is an appeal from a conviction of first degree robbery. § 569.020, RSMo 1978. Appellant was found guilty by a jury and sentenced to a 15-year prison term. Appellant claims the trial court erred in refusing to give appellant’s proposed instruction on assault. The judgment is reversed and the cause remanded for a new trial.

On June 10, 1980 at 6 a.m. Ed Davidson, manager of a laundromat in St. Louis arrived at the laundromat to open it for business. When Davidson approached the door two men, appellant and his associate, attacked Davidson, a seventy year old man, and forced him…