State v. Miller

REINHARD, Judge.

Defendant appeals after his conviction by a jury of armed criminal action, § 571.015, RSMo.1978. The court found defendant to be a persistent offender and sentenced him to 20 years imprisonment.

In his sole point on appeal, defendant asserts error in the state’s verdict-directing instruction. We affirm.

The state produced strong evidence that on May 23, 1981, defendant and William Dalton entered the Hecht Pharmacy near closing time. Herman Hecht, the owner, and Rita Richards, a cashier, were the only people in the pharmacy. Dalton stayed at the front near the door, and defendant…