State v. Russ

CRANDALL, Presiding Judge.

Appellant was convicted, in a jury trial, of murder in the second degree, § 559.020, RSMo (1969); robbery in the first degree, § 560.120, RSMo (1969); and armed criminal action, § 559.225, RSMo (1969). Appellant challenges these convictions on appeal alleging that: (1) the murder weapon was obtained as a result of an unlawful search and seizure, and (2) the convictions of robbery in the first degree and armed criminal action constitute double jeopardy. We affirm in part and reverse in part.

On January 25, 1978 at approximately 1:30 p.m., David Fann, a gas station…