State v. Whitaker

ELMO B. HUNTER, Special Judge.

This is an appeal by defendant-appellant, Jesse DeWaine Whitaker, from his conviction and sentence for robbery, first degree. The sentence imposed was for forty-five years confinement in the state penitentiary.

The amended information charged defendant under the habitual criminal act and for robbery, first degree. It alleged in the customary manner, among other things, that on January 22, 1956, defendant in Jackson County, Missouri, unlawfully and fel-oniously did make an assault upon one Walter Diessl with a dangerous and deadly weapon; namely a loaded revolver,…