State v. Abernathy

SWOFFORD, Judge.

The appellant (hereinafter referred to as defendant) was originally charged, by information, with Robbery, First Degree. On the day of trial, without objection, the state filed an amended information under the Second Offenders Act, Section 556.280 RSMo 1969, V.A.M.S.

The felony here charged was that on October 2, 1972, the defendant entered a Seven-Eleven store, pointed a revolver at the man in charge, demanded money from the cash register, jewelry from a locked jewelry case, and the manager’s personal funds, and made off with cash and jewelry worth $197.49. The defendant was…